Visa Lawyer Blog

Articles Posted in Arrests

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prison-370112_1280Introducing sweeping changes, U.S. Citizenship and Immigration Services (USCIS) has expanded its role by gaining law enforcement powers previously limited to agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

Under a new final rule published today, USCIS will now recruit 1,811-classified special agents—fully empowered officers with authority—to investigate, arrest, and prosecute individuals violating U.S. immigration laws.

What’s Changed?

  • Law Enforcement Authority: The newly designated USCIS special agents are authorized to carry firearms, execute search and arrest warrants, make arrests, and use force—including in pursuit and potentially lethal situations—under standard federal law enforcement protocols.
  • Operational Autonomy: Previously, USCIS investigations—especially those involving criminal violations—were referred to Immigration and Customs Enforcement (ICE).
  • Enforcement Agency: Now, USCIS itself can manage law enforcement investigations from start to finish, including investigating civil and criminal violations within the jurisdiction of USCIS and ordering expedited removal when warranted.

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Gavin_Newsom_by_Gage_Skidmore

Attribution: Gage Skidmore

On Friday July 11, 2025, a federal judge ruled that the government’s ongoing immigration raids in Southern California and its denial of legal counsel to detained immigrants likely violates the Constitution.

In so ruling, the court issued two temporary restraining orders (TROs) barring the Department of Homeland Security (DHS) and other federal agencies from continuing these actions in the counties of Los Angeles, Orange, Ventura, Riverside, San Bernardino, Santa Barbara and San Luis Obispo. (Pedro Vasquez Perdomo v. Kristi Noem (2:25-cv-05605)

The first TRO prohibits immigration agents from stopping individuals without reasonable suspicion and bars law enforcement from relying solely on the following factors—alone or in combination—to form reasonable suspicion for a stop including (1) apparent race or ethnicity (2) speaking Spanish or English with an accent (3) presence in a particular location like a bus stop, car wash, day laborer pick up site, or agricultural site, or (4) the type of work the person does.

The second TRO orders DHS to provide access to counsel on weekdays, weekends, and holidays for those who are detained in B-18, the basement of a federal building in downtown Los Angeles located at 300 North Los Angeles Street.

It further requires immigration officials to develop guidance on how agents and officers should determine whether “reasonable suspicion” exists when conducting stops and to implement training for officers involved in immigration operations.

In addition to immigration officers, the TROs apply to the FBI and Justice Department, who are named in the lawsuit and are involved in immigration enforcement actions.

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prison-370112_1280A new lawsuit filed by a man detained in San Diego, California, is challenging the controversial practice of courthouse arrests by U.S. Immigration and Customs Enforcement (ICE) taking place in recent months. The case could offer critical insight into the government’s approach in making these arrests. (A.M. v. Larose (3:25-cv-01412))

The man identified in court filings as A.M. is seeking asylum in the United States after being subjected to torture in his home country from his human rights advocacy. On June 3, he arrived for what he believed would be a routine immigration court hearing but was shocked to find that the judge had dismissed his case and ICE agents were waiting outside, ready to arrest him and take him to Otay Mesa’s Detention Facility to eventually be deported.

Unfortunately, A.M.’s case is not unique. In recent months, the Trump administration has enforced a controversial policy in immigration courts to expedite deportations by instructing judges to swiftly dismiss cases, subjecting individuals to expedited removal without giving them a meaningful opportunity to contest the government’s claims or consult attorneys.

This approach, detailed in a May 30 directive from the Executive Office for Immigration Review, encourages judges to grant oral motions to dismiss without the standard 10-day response period, effectively eliminating opportunities for individuals to contest their cases. Once dismissed, individuals are immediately eligible for expedited removal, making it possible for ICE officers to arrest them.

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lawyer-3819044_1280The growing presence of U.S. Immigration and Customs Enforcement (ICE) officials at immigration courthouses nationwide has prompted several states to enact laws preventing ICE from arresting or detaining individuals attending their immigration hearings.

One such law passed by the state of New York is the “Protect Our Courts Act,” which shields individuals from being arrested by federal immigration authorities like ICE while traveling to, attending, or leaving court proceedings. This law is designed to guarantee that people can access the justice system without fearing immigration-related repercussions. It forbids arrests in these situations unless a judicial warrant or court order is shown to court personnel.

On June 12th the Justice Department sued the state of New York challenging the constitutionality of the Act under the supremacy clause. The government argues that it unlawfully obstructs federal immigration enforcement operations.

The Trump administration is seeking to invalidate these laws to facilitate detention and removal. According to the government, arrests at courthouses helps prevent individuals from evading authorities and decreases safety risks because of the security offered by courthouses.

In response to the lawsuit, the New York Civil Liberties Union issued a statement defending the state law adding, “This latest attempt by the Trump administration to meddle in our laws would push immigrant communities further into the shadows, throw due process out the window, and weaken trust in our justice system — making everyone less safe. It sends a dangerous message: that ICE can and should operate wherever it wants, regardless of the human cost.”

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airport-8081875_1280On Friday May 9, 2025, President Trump signed executive order “Establishing Project Homecoming,”a new White House initiative aimed at encouraging the voluntary departure of undocumented immigrants from the United States.

This new policy offers financial incentives and logistical support to those who facilitate self-deportation, with the stated goal of reducing the fiscal and social burdens associated with deportation to prioritize funding for Americans in need.

Key Provisions of Project Homecoming:

  • Free Government-Funded Flights:Undocumented immigrants are offered complimentary flights to any country willing to accept them, excluding the United States.This service is accessible through the government’s new “CBP Home” mobile application and at participating airport
  • $1,000 Exit Bonus: Individuals who voluntarily and permanently depart the U.S. under this program are allegedly eligible to receive a $1,000 “exit bonus” upon successful relocation.
  • Concierge Travel Assistance: A government-provided concierge service is available at airports to assist individuals, even those lacking valid travel documents from their home countries, in booking flights and navigating the voluntary departure process.

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donald-trump-4921211_1280On April 28th, President Donald Trump signed two new executive orders that significantly impact U.S. immigration policy and enforcement.

These presidential actions are a continued effort to prioritize national security by enhancing law enforcement capabilities and imposes penalties on “sanctuary” cities that limit cooperation with federal immigration authorities.

  • Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens

The first executive order entitled “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens,” empowers state and local law enforcement agencies to take stronger action against crime by expanding their authority and increasing investment in prison infrastructure. It also holds state and local officials accountable for obstructing criminal law enforcement or violating civil rights.

Specifically, it directs the Attorney General to prosecute officials who

willfully and unlawfully direct the obstruction of criminal law, including by directly and unlawfully prohibiting law enforcement officers from carrying out duties necessary for public safety and law enforcement; or

unlawfully engage in discrimination or civil-rights violations under the guise of “diversity, equity, and inclusion” initiatives that restrict law enforcement activity or endanger citizens.

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arrested-8303916_1280In the latest clash between the Trump administration and the judiciary—Milwaukee County Circuit Court Judge Hannah Dugan has been arrested by agents from the Federal Bureau of Investigation (FBI) for accusations of helping a man evade immigration authorities.

This all went down on Friday April 25th after allegations that the judge directed an undocumented immigrant and his lawyer to exit her courtroom through a side door after learning that federal immigration agents were waiting in the hallway to arrest him.

Upon being spotted by agents outside the courthouse, the man was pursued on foot and was ultimately taken into custody.

These actions have prompted a showdown over allegations of obstruction of justice amid Trump’s immigration crackdowns. The U.S. attorney general Pam Bondi has accused the judge of interfering with the government’s enforcement priorities claiming the arrest sends a “strong message” to judges that they will be prosecuted if they “escort a criminal defendant out a back door.”

The circumstances surrounding the judge’s arrest remain unclear. What is known is that six federal officers descended upon the Milwaukee County Courthouse to arrest Eduardo Flores-Ruiz, a Mexican national attending a court hearing to respond to battery charges in connection with a criminal complaint filed by his roommate.

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