Pending applications may be delayed due to detention, and ongoing lawsuits are challenging ICE’s practices, especially regarding arrests at courthouses and during raids.

Immigrants with pending cases face higher arrest risks and should be aware that they could still be arrested by ICE if they are believed to be in the country without legal status.

People with pending applications and no criminal record may be less likely to face removal under Biden, but there are no guarantees.

Immigrants can protect their liberty through bond and procedural challenges in immigration court, and protect their benefits by preparing for USCIS holds, re-reviews, and follow-up evidence requests.

More than 80 experienced immigration judges were fired, and up to 600 JAG attorneys now serve as temporary judges, leading to concerns about inconsistent standards and less time for full consideration of due process issues.