May 29, 2025
There have been recent reports in New York State of ICE agents arresting immigrants who are attending their immigration court hearings.
What is happening with ICE in courts? Multiple cases of ICE arresting and detaining people who are appearing for their immigration court hearings have been confirmed by community members, advocates and the press. These appear to be people who ICE has on a list and are specifically seeking to target. In the immigration hearings for people being targeted, ICE lawyers are asking the judge to “dismiss” the cases, meaning they want to drop the legal case against the person. Afterwards, ICE appears to be on standby ready to detain them.
Where are people being arrested? In and around immigration courthouses where immigration hearings are held, including in elevators and lobbies while exiting the building. In NYC the immigration courts include 26 Federal Plaza, 201 Varick St and 290 Broadway. This has also been occurring in other places around the country, including the Buffalo Immigration Court in Buffalo, NY.
Is this new? Targeting people in and around courthouses is a known ICE tactic. During the first Trump administration, we saw a massive increase in ICE targeting people at state courthouses in New York and we documented instances of ICE snatching people at required court appearances. We also documented how this created an overwhelming fear for immigrant New Yorkers of using the court system and going through a legal process at all.
Now, ICE is expanding their courthouse trap to immigration courts as they continue to demonize immigrants accessing basic legal processes. People are especially vulnerable in immigration courts, where they are required to appear or else face risk of being ordered removed. Yet, now there is a heightened risk for some people of being detained without notice.
Is this illegal under the Protect Our Courts Act? No. The Protect Our Courts Act (aka POCA), is a law in New York State that keeps Immigration and Customs Enforcement (ICE) officers from making civil arrests in and around New York State Courts, including City and other Municipal Courts. POCA passed in 2020 after years of advocacy.
However, POCA does not affect the ability of ICE to make arrests in and around immigration courts.
Is this illegal under the NYC sanctuary laws? In New York City we have “sanctuary laws” that place prohibitions on our local city agencies and resources being used to funnel New Yorkers to ICE detention and deportation. These laws are about upholding values about how we as a city treat, support and respect immigrants in our communities.
These laws regulate the role of city agencies — such as the New York Police Department, the Department of Corrections — in colluding with ICE.
However, if a city agency is not involved in or facilitating ICE arrests, our sanctuary city laws are not being violated.
Who is being targeted and who is at risk? The reports we have show a pattern of ICE targeting people who:
- Right now, most people impacted have not had attorneys. Unlike in criminal cases, immigrants are not entitled to free lawyers in Immigration Court and cannot all find nonprofit or private attorneys to represent them.
- May be subject to “expedited removal,” a process that seeks to deport people who have been in the U.S. for less than two years without a hearing. The Trump administration has tried to expand this process. While there are efforts to stop that, the courts have not yet taken action.
ICE is targeting people for arrest even when:
- The judge has not agreed to dismiss a case.
- The community member has a pending asylum application
What options are there for community members at risk of this kind of ICE arrest?
You can help community members by sharing resources with information about their rights in court if this happens and their rights if approached by ICE in public. Community members can also help by connecting with advocacy organizations mobilizing to end this practice.
Resources:
- New York Immigration Coalition Community Alert in English and Spanish
- Northwest Immigrant Rights Project Know Your Rights.
- Key Recommendations for Community Members from the Pro Se Plus Project in English, Spanish and French
National Immigration Project Practice Alert: Protecting Noncitizens From Expedited Removal and Immigration Court Arrests, including guidance on what to say to oppose dismissal for people appearing without a lawyer.
Disponible en español.