Protecting Immigrants from Expedited Removal and Immigration Court Arrests: A Guide

Immigration Articles, Immigration Guides, Trump Immigration News, 13 min read

Short Answer: Under Trump’s 2025 immigration policies, ICE prosecutors are requesting termination of removal proceedings—not to help immigrants, but to expose them to fast-track deportation through expedited removal. Once terminated, ICE can immediately arrest and deport a person without a hearing. To protect yourself, maintain legal representation, oppose termination motions, and know your rights if detained.

What Is Expedited Removal and Why Is It a Threat Now?

Expedited removal is a legal process created by Congress in 1996 under INA §235(b) that allows low-level DHS officers to deport certain immigrants without a hearing before an immigration judge.

Who qualifies for expedited removal:

People who arrive at the border or are found within the U.S. and cannot prove they have been in the country for longer than two years are at risk.
Individuals who have been in the U.S. for less than two years are especially vulnerable to expedited removal.
Those who cannot show valid entry documents or are accused of fraud or misrepresentation.

What’s changed in 2025:

The policy now affects people who have been in the U.S. for more than two years in some cases, expanding the scope of who may be subject to expedited removal.

Why it matters:

Expedited removal is a rapid deportation process that can send people back to their home country within days, often without adequate review of the dangers they may face there.

Who qualifies for expedited removal:

Individuals who enter without valid documents
Individuals who commit fraud at entry
Individuals apprehended near the border who cannot prove two years of U.S. presence

What’s changed in 2025:

Trump’s expanded use of expedited removal applies nationwide
Many undocumented immigrants now face deportation without judicial review
Even long-term residents and visa holders may fall under this policy

Why it matters:

No hearing before a judge
Limited right to request asylum via a credible fear interview
Risk of deportation within days

Click here to view USCIS expedited removal policy

New Tactic: Terminating Immigration Court Cases to Enable Fast Deportation

ICE prosecutors are now asking judges to terminate active removal proceedings. This is not a favor to the immigrant. ICE and other government agencies are increasingly targeting immigrants during immigration court hearings for arrest and expedited removal.

How it works:

ICE files a motion to terminate or dismiss an open removal case
The judge grants the motion, ending the court’s jurisdiction
ICE agents arrest the person immediately afterward
The person is processed under expedited removal and deported

Why this is dangerous:

Termination ends your legal protections
No chance to apply for asylum before a judge
Deportation can happen within hours or days

Real examples:

Immigrants in Miami and Dallas, and around the country, were arrested by ICE just minutes after their court cases were dismissed
ICE confirms this tactic is deliberate, part of a broader enforcement plan

Who Is at Risk for Expedited Removal After Termination?

You may be at risk if:

You have an active asylum, TPS, or relief application
You failed to appear at a hearing
You have a prior removal order
You arrived within the last two years
You overstayed a visa
You have a criminal conviction

Some exceptions:

Unaccompanied minors from non-contiguous countries
Special Immigrant Juveniles (SIJS) may be exempt

Check your case status here (EOIR)

How to Protect Yourself Before ICE Terminates Your Case

Steps you should take:

Stay in touch with your immigration lawyer
Attend all court hearings and check EOIR case status
File opposition to any motion to terminate
Submit pending applications (e.g., asylum, adjustment, U/T visa)
Request administrative closure or continuance, if available
Document your time in the U.S. with leases, taxes, school records, etc.

Strategies to Oppose ICE Motions to Terminate

Sample legal strategies include:

Filing a Motion in Opposition citing pending applications for relief (e.g., I-589 asylum, I-130, I-601A, etc.)
Arguing that termination undermines due process and is inconsistent with Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)
Citing Matter of Avetisyan to argue for continued proceedings when relief is viable or pending
Using administrative closure arguments where appropriate under agency discretion
Submitting expert declarations or country conditions reports showing the need for a merits hearing
Attaching letters of support and community documentation showing equities

Helpful templates and guides:

Federal Court Challenges and Legal Criticism

As of mid-2025, several legal advocacy groups have signaled potential litigation over the due process implications of ICE’s courtroom arrest and dismissal-to-deportation tactic.

The Trump administration’s actions, including the expansion of expedited removal and increased arrests in and around immigration courts, have led to significant legal challenges, while the Biden administration’s approach to expedited removal and immigration court arrests has also drawn scrutiny and debate. President Trump’s policies expanded the use of expedited removal, resulting in more individuals being placed in immigration custody and held in detention centers, which in turn led to increased litigation over the legality and conditions of such custody.

Legal challenges often focus on the conditions in detention centers and the legality of holding individuals in immigration custody, raising concerns about detainees’ rights and due process. Though specific case names have not yet been published, filings under the Administrative Procedure Act (APA) and constitutional due process claims are expected.

Potential grounds for legal challenge:

Violation of the Fifth Amendment due process rights
Abuse of discretion by DHS and EOIR
Arbitrary and capricious agency action under APA
Conflict with statutory asylum protections under INA §208

Scholarly criticism includes:

Lack of notice and opportunity to be heard: Legal scholars argue that these ICE tactics effectively bypass the immigration court system, undermining the entire statutory framework for adjudicating relief.
Disruption of fair adjudication: Judges lose discretion to assess eligibility for relief like asylum or cancellation of removal.
Erosion of public trust: Critics claim these practices deter immigrants from appearing in court or seeking lawful avenues, fearing arrest.
Weaponization of prosecutorial discretion: Legal experts call this a distortion of prosecutorial discretion intended to enhance fairness, not suppress due process.

What If You’re Detained Under Expedited Removal?

Steps to follow immediately:

Remain silent and ask for a lawyer
Do not sign any documents
Request a credible fear interview if afraid to return home
Have a loved one check the ICE Detainee Locator
Request a reinstatement review if ICE alleges a prior order
Consider emergency filings like a habeas corpus petition

Legal Tools to Fight Back Against Expedited Deportation

Your attorney may consider:

Filing a Motion to Reopen or Reconsider
Filing an Appeal to the BIA
Filing a Habeas Corpus petition in federal court
Submitting a Prosecutorial Discretion Request
Pursuing a Deferred Action request

More about prosecutorial discretion

Frequently Asked Questions (FAQs) Regarding ICE Prosecutor’s New Tactic of Seeking Dismissal of Removal Proceedings in Order to Facilitate ICE Courthouse Arrests and Expedited Removal

What is the new ICE tactic involving dismissal of removal proceedings?ICE prosecutors are moving to dismiss some immigrants’ removal proceedings in immigration court, not to help them, but to strip them of due process protections. Once dismissed, ICE agents may arrest them at or near the courthouse and subject them to expedited removal, often with no hearing before a judge. Many immigrants have been affected by these tactics in immigration courts across the country.

Why is this happening now?This tactic is being used more frequently under the Trump administration’s 2025 enforcement priorities to speed up deportations, especially for immigrants without criminal records or who may qualify for relief, but who entered unlawfully and do not have current legal status.

Does dismissal of removal mean my immigration case is over?No, it just means the immigration court will no longer hear your case. You may lose the opportunity to apply for relief like asylum, cancellation of removal, or adjustment of status in front of a judge.

If my case is dismissed, can ICE still arrest me?Yes. In fact, that is often the goal of the dismissal. Once the case is dismissed, ICE may arrest you inside or outside the courthouse and initiate expedited removal proceedings without court oversight.

What is expedited removal?The expedited removal process is a fast-track deportation procedure that allows ICE to bypass standard immigration court procedures and quickly deport certain individuals without a hearing before an immigration judge, particularly if they have no valid documents and entered unlawfully within the past two years.

How do I know if my case is at risk of being dismissed by the prosecutor?If you are in removal proceedings and have no criminal history or current legal status, and you were recently scheduled for a master calendar or merits hearing, you may be at risk. Your lawyer may receive notice that the Department of Homeland Security (DHS) is filing a motion to dismiss.

Can I oppose a motion to dismiss by ICE?Yes. You or your attorney can file a Motion in Opposition to the prosecutor’s motion to dismiss. You can argue that dismissal would violate your due process rights, deny you the opportunity to apply for relief, or expose you to risk of harm if removed.

What legal strategies can be used to fight a motion to dismiss?Some options include:

Filing a written opposition explaining why you are eligible for relief.
Asserting your right to a full hearing under the INA and citing due process violations.
Requesting that the judge deny dismissal until a full hearing occurs.
Arguing that dismissal amounts to bad faith forum shopping by ICE to strip you of procedural protections.
Submitting evidence of eligibility for relief, such as pending applications, fear of return, or U.S. citizen family ties.

Have any immigration judges denied these motions to dismiss?Yes. Some judges have recognized that dismissal in these contexts may infringe on due process rights and have refused to terminate proceedings. However, practices vary widely by court and judge.

Have any federal lawsuits been filed to challenge this practice?Yes. Several civil rights organizations are preparing or have filed lawsuits arguing that the tactic violates constitutional due process, INA protections, and federal administrative law. Cases may rely on the Administrative Procedure Act or constitutional claims, especially for detained individuals not given meaningful access to counsel or hearings.

Does this tactic violate due process rights?Many legal experts say yes. Terminating removal proceedings in order to arrest someone and subject them to expedited removal denies their right to a fair hearing, access to legal relief, and in some cases, the opportunity to apply for asylum or other protections under U.S. and international law.

Who is most at risk from this tactic?

Noncitizens who entered without inspection.
Individuals with no criminal record.
People who were previously placed in removal proceedings under the old enforcement guidelines.
Immigrants with pending applications not yet adjudicated in court.

What can I do to protect myself if ICE is trying to dismiss my case?

Consult a trusted immigration attorney immediately.
Ask your attorney to oppose the motion to dismiss.
Avoid appearing at court without legal counsel.
Request your attorney appear on your behalf if possible.
Prepare for the possibility of ICE presence at the court and know your rights if arrested.

Can I apply for relief like asylum or green card after my case is dismissed?Only in some limited situations. You may be able to file affirmative applications with USCIS (like asylum or family-based adjustment of status), but you’ll lose the protections of court oversight and potentially face ICE detention during the process.

Does this tactic apply to people with pending asylum applications?Yes. In fact, many asylum seekers are being targeted. Dismissal of their removal cases prevents them from presenting their claim in front of a judge, and if arrested, they may be rapidly deported under expedited removal.

Are U.S. citizens or green card holders at risk?Not directly from this tactic. However, green card holders with old or minor offenses, or who re-entered after a trip abroad with prior orders or convictions, could be impacted in other ICE operations.

What should I do if ICE arrests me at court after my case is dismissed?

Do not sign anything without talking to an attorney.
Ask to speak to a lawyer immediately.
If placed in expedited removal, you may have limited rights to contest it, so act quickly.
If you fear returning to your country, say so clearly and immediately. This may trigger a credible fear interview.

Can this tactic be used against DACA or TPS holders?Generally not, unless their status has expired or been revoked and they are in removal proceedings. But with a hostile enforcement posture, no one with uncertain status should assume immunity.

How are legal scholars reacting to this practice?Many are condemning it as a violation of due process and a manipulation of the immigration court system to deny immigrants their right to relief. Scholars also argue it undermines judicial independence and turns immigration court into a trap.

Can ICE re-arrest someone whose case was dismissed years ago?Yes. If ICE learns of your location or re-prioritizes enforcement, they can arrest someone whose court case was closed or dismissed in the past, especially if there’s no legal status.

What are my rights if ICE tries to arrest me at court?

You have the right to remain silent.
You have the right to speak to a lawyer.
You do not have to sign anything.
You may be eligible for bond, credible fear interview, or legal relief depending on the circumstances.

What organizations can help if this happens to me or a loved one?You can contact:

American Immigration Lawyers Association (AILA) – https://www.aila.org
National Immigration Project – https://nipnlg.org
Immigrant Legal Resource Center (ILRC) – https://www.ilrc.org
National Immigrant Justice Center (NIJC) – https://immigrantjustice.org
Herman Legal Group – https://www.lawfirm4immigrants.com

Worried About an Upcoming Immigration Court Hearing? Don’t Face ICE Alone.

If you’ve been scheduled for immigration court—and you’re concerned that the ICE prosecutor might try to dismiss your case to allow for arrest and expedited removal—you need experienced legal protection now. What appears to be a simple hearing could become a trap for detention and fast-track deportation.

Attorney Richard Herman, founder of the Herman Legal Group, has over 30 years of experience fighting for immigrants in high-stakes deportation cases. He and his team know how to:

Oppose ICE motions to dismiss,
Defend your right to due process, and
Strategically protect you from surprise arrests.

Don’t walk into court unprepared. Get a powerful legal advocate on your side before it’s too late.

👉 Schedule your confidential consultation now at
https://www.lawfirm4immigrants.com/consultation/

Or call 1-800-808-4013 to speak with our team.

Your future may depend on the attorney you choose. Let Richard Herman fight for you