For foreign nationals seeking legal status or fighting deportation, voluntarily appearing at a government office—whether an Immigration Court or a USCIS field office—is often a necessary step. However, a significant policy shift has turned these spaces into potential enforcement locations, creating a heightened and complex risk of arrest.
Current Policy and Enforcement Locations
Historically, immigration enforcement was often avoided in "sensitive locations" like schools, hospitals, and places of worship. While U.S. Citizenship and Immigration Services (USCIS) offices and Immigration Courts are considered part of the civil immigration process, the policy concerning enforcement in or near courthouses has varied significantly.
Under the current administration, ICE agents are allowed to conduct arrests at various locations, including Immigration Courts and USCIS offices. At Immigration Courts, Arrests usually occur when individuals are appearing for scheduled removal proceedings. These often involve individuals who are undocumented or have temporary status. At USCIS Interviews, arrests may occur at interviews for immigration benefits (like a Green Card, Adjustment of Status, or Naturalization) when the application is denied, or the applicant is discovered to have a basis for removal.
Risk Profile: Who Faces the Highest Risk of Arrest?
The risk of being detained by ICE at a scheduled appearance is highly dependent on a person’s existing legal posture and history.
- Individuals in Immigration Court Proceedings
Those already in removal proceedings face the highest risk, particularly due to a tactic employed by ICE attorneys. ICE may ask the Immigration Judge to dismiss a non-citizen's case (often against the non-citizen’s wishes) in order to subject them to Expedited Removal outside the courthouse. This process is used for certain non-citizens and bypasses the Immigration Court entirely, allowing for fast-track deportation. Detention is far more likely once a case is dismissed for this purpose.
Furthermore, individuals who have been physically present in the U.S. for less than two years are especially vulnerable to this dismissal tactic, as they are generally subject to Expedited Removal if encountered without lawful status. Finally, any individual who has a final order of deportation/removal from an Immigration Judge is subject to immediate arrest and removal if encountered by ICE, making them a primary target.
- Applicants at USCIS Interviews
Individuals who applied for a USCIS benefit (like a Green Card or Citizenship) face a high risk of arrest if they are found to be ineligible or to have a past undisclosed violation (such as a long overstay or past fraud) that renders them removable. In such cases, ICE agents may be present at the interview to detain the applicant following the denial and immediately place them into removal proceedings.
- Past Violations and Status
While ICE enforcement priorities officially target those who pose a risk to public safety or national security, reports indicate that ICE may also detain people with no criminal record or only minor charges. Foreign nationals have overstayed their visa status may also be arrested and detained. Having a criminal history significantly increases the likelihood of being targeted. If a foreign national is in a clear, current legal status, has no violations, and is simply attending a routine interview or check-in, the risk is generally minimal, but risk can still arise if a background check reveals a previously unknown issue.
Preparing for an Appearance
A person who is undocumented, has overstayed a visa, or has past immigration violations should consult with a qualified immigration attorney before attending any USCIS interview or Immigration Court hearing. Under the guidance of an attorney, such individual should prepare for the possibility of detention, including memorizing the phone number of a trusted contact and preparing a plan for childcare or critical affairs in case of immediate detention. Remember that all persons in the U.S. have the right to remain silent and should not sign any documents they do not understand.
Legal Recourse Following Detention
Following an arrest by ICE, an individual has several potential avenues for legal recourse, though the options are often limited and dependent on the specific circumstances of their detention and case. These options include bond hearings, Writ of Habeas Corpus, continuation of removal proceedings and filing relief applications (e.g., asylum, cancellation of removal, adjustment of status).
The policy of conducting immigration arrests at courthouses and immigration interviews creates a "chilling effect," causing people to fear accessing the very legal processes designed to resolve their status. Awareness of the risks and preparation is the essential first line of defense.
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