Visa Lawyer Blog

Articles Posted in Courthouse Arrests

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judge-3008038_1280This week, the Justice Department announced that it has hired 36 new immigration judges — 11 permanent and 25 temporary — for the Executive Office for Immigration Review (EOIR), a key agency that handles immigration court proceedings in deportation cases.

What’s happening?

The hiring comes after several months of layoffs among immigration judges occurring earlier this year. In the past 10 months, EOIR fired more than 125 judges, causing delays in immigration court proceedings across the country.

The courts in Massachusetts and Illinois were among the most affected by these departures. The good news is these newly hired judges will begin serving across 16 states nationwide.

Who are the new judges?

  • The permanent hires largely come from federal‑government backgrounds: some from EOIR itself, some from the Department of Homeland Security (DHS), and others who previously trained agents or worked as asylum officers.
  • The temporary hires include military attorneys drawn from the Marines, Navy, Air Force, and Army.
  • These changes accompany a modification in DOJ policy that lowers the qualification requirements for temporary judges—prior immigration law experience is no longer mandatory.

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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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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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