In yet another alarming shift in immigration enforcement, federal agents under the Trump administration have begun arresting undocumented immigrants immediately after they attend mandatory court hearings—a move that legal advocates say is both deceptive and unconstitutional.
At Saluja Law, we are deeply concerned about the erosion of due process, the weaponization of immigration proceedings, and the long-term consequences of these policies on immigrant families and the American legal system as a whole.
From Courtroom to Custody: What's Happening?
According to a recent USA TODAY report, ICE agents are detaining individuals as they exit immigration court hearings—many of whom were granted parole into the U.S. under President Biden's administration. These individuals voluntarily showed up to court, expecting routine check-ins or even the dismissal of their cases. Instead, they have been met by ICE agents who arrest them on the spot after government attorneys quietly drop their cases.
Why drop the case first? Because under current rules, a person cannot be placed in expedited removal proceedings while their case is still pending. By dismissing the case, ICE clears the way to re-detain and fast-track their deportation—often without further hearings or the ability to mount a defense.
This practice has been reported in Phoenix, New York, Seattle, and Miami, and is expected to expand nationwide.
A Dangerous Betrayal of Trust
The implications are grave. Immigrants are complying with the law, showing up for hearings, and seeking to resolve their cases through the courts—only to be handcuffed upon exit. As Phoenix immigration attorney Nera Shefer noted, “It used to be getting your case dismissed was a celebration. Not anymore.”
These arrests destroy public confidence in the fairness of the immigration system. They create a chilling effect that may discourage others from attending court, further complicating an already overburdened system and risking even more legal limbo for thousands of individuals.
The Constitutional Problem
The United States Constitution guarantees due process to all persons within the country, not just citizens. This includes the right to a fair hearing before being deprived of liberty or subjected to deportation. By eliminating these hearings in favor of administrative shortcuts, the federal government is not only trampling on individual rights, but also undermining the integrity of our judicial system.
The courts have repeatedly affirmed that even those without lawful status are entitled to certain protections under the Fifth and Fourteenth Amendments. Mass removals without hearings contradict these principles and invite legal challenge.
Trump's Mass Deportation Agenda
The broader context reveals a clear pattern. The Trump administration is working to accelerate deportations by dismantling many of the parole and due process safeguards introduced under Biden. President Trump has vowed to carry out one million deportations annually—more than double the rate of his first term.
He's justified the policy shift by claiming there simply aren't enough resources to conduct hearings for everyone, stating, “We cannot give everyone a trial... it would take 200 years.” Yet such reasoning ignores the foundational role of due process in a democratic society and risks transforming immigration court into a trap rather than a venue for justice.
What Can You Do?
If you or someone you know has a pending immigration court date and entered the U.S. within the past two years, do not go without legal representation. You may be at risk of detention even if your case is dismissed. At Saluja Law, we are prepared to help individuals navigate this rapidly changing legal landscape and fight for the protections they are legally entitled to.
Conclusion
These arrests are not about enforcing the law—they are about circumventing it. They threaten not just the undocumented, but the rule of law itself. At Saluja Law, we stand firmly against these unconstitutional tactics and will continue to advocate for a fair, humane, and just immigration system.
If you are affected by this policy or want to understand your rights, contact our office today for a confidential consultation.