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Using Immigration Court as a Trap

Release Date
2025-06-06
Media
Verfassungsblog
Summary
In the United States, Immigration and Customs Enforcement (ICE) has begun arresting noncitizens at immigration courts immediately after their cases are dismissed, transforming what was once a reprieve into a trigger for detention and expedited removal (ER). This shift has raised serious due process and legal concerns, as noncitizens often lack legal counsel and judicial review in these civil proceedings.

Under pressure to meet daily arrest quotas, ICE is increasingly targeting compliant individuals—those who attend court hearings or check-ins—rather than prioritizing based on criminal history or family ties in the U.S. This has led critics to warn that such tactics may discourage participation in legal processes and increase fear within immigrant communities.

A key element of ICE’s strategy is expanding the use of expedited removal, a fast-track deportation process typically reserved for recently arrived noncitizens who have not been admitted or paroled into the country. The Trump administration has furthered this by revoking immigration parole—temporary permission to stay granted by the Department of Homeland Security—which then makes many more noncitizens eligible for ER.

This policy shift raises legal challenges under the Fifth Amendment, the Immigration and Nationality Act (INA), and the Administrative Procedure Act (APA). Courts may need to evaluate whether such arrests and removals violate due process, exceed statutory authority, or are arbitrary and capricious. As ICE continues to emphasize enforcement volume over case-by-case assessment, legal and humanitarian concerns are mounting around the agency’s evolving tactics.
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USA

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