There is a troubling new trend: Immigration and Customs Enforcement (ICE) is removing noncitizens from the United States before they have had their day in court—sometimes before they've even been tried for serious criminal offenses. This practice not only undercuts the integrity of our justice system but also threatens public safety, denies victims closure, and prevents the wrongfully accused from clearing their names.
Deportation Before Justice
Recent reports from across the country highlight how ICE's growing practice of deporting suspects and witnesses prior to trial is wreaking havoc on local prosecutions. In Denver, a district attorney has had to dismiss at least six criminal cases—including violent assault and sex crime prosecutions—because ICE detained or deported suspects before they could be tried. In another case, charges were dropped because key witnesses were deported, only for the suspect to later attack an ICE agent outside the jail.
The problem isn't isolated to Colorado. In Boston, ICE removed a defendant mid-trial, effectively obstructing prosecution. Suffolk County DA Kevin Hayden called the conduct “extraordinarily reckless.” In Massachusetts, ICE refused to produce a man for trial until a federal judge intervened—he was ultimately found not guilty.
A Dangerous Double Standard
Legal experts fear these removals are creating a two-tiered system of justice—one where U.S. citizens are held accountable while noncitizens may avoid justice altogether. Michael Kagan, professor of law at the University of Nevada-Las Vegas, likens ICE to a “getaway driver,” enabling suspects to avoid prosecution by facilitating their exit from the country.
If someone accused of a crime is deported before trial, there are profound consequences. The accused loses the opportunity to prove their innocence. Victims lose the chance to confront their assailants in court. Communities lose trust in a system that seems to favor expedience over accountability. And worse, if that person reenters the U.S.—as many do—they may do so emboldened by the knowledge that they evaded justice once before.
The Laken Riley Act: Unintended Consequences
Part of the uptick in these rapid removals stems from the implementation of the federal Laken Riley Act, which mandates ICE detention of noncitizens accused of certain crimes. Though the Act does not require deportation before trial, that is exactly what's happening in many jurisdictions. Suspects are being whisked away before they can be convicted—or acquitted. In some cases, even key witnesses are being deported, forcing prosecutors to abandon otherwise strong cases.
This approach undermines the purpose of criminal law, which is not merely to punish but to ensure due process, provide justice for victims, and protect communities from future harm.
Silencing Victims and Witnesses
Perhaps most troubling is how this practice discourages victims—especially undocumented ones—from cooperating with law enforcement. Prosecutors used to work with ICE to obtain U visas, which allowed immigrant victims of crime to remain in the U.S. in exchange for their cooperation. Now, with ICE detaining victims and witnesses alike, many are too afraid to show up in court at all.
"If a victim of crime is afraid to come to the courthouse because she's afraid she'll get detained in the parking lot by ICE," said Colorado DA Brian Mason, "then I can't prosecute that case."
A Call for Accountability
At Saluja Law, we believe that immigration enforcement and criminal justice should not be at odds. Noncitizens, like citizens, have constitutional rights—including the right to due process. Deporting someone before trial not only erodes the rule of law, it allows crime to go unpunished and leaves communities vulnerable.
We urge lawmakers, immigration authorities, and the Department of Justice to restore coordination between ICE and local prosecutors. Let the courts do their job. Deportation should follow justice—not precede it.
Justice delayed is justice denied. But justice circumvented is no justice at all.
If you or someone you know has been affected by immigration enforcement before trial, contact Saluja Law. We stand ready to fight for your rights and restore integrity to the justice process.
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