The American Immigration Lawyers Association (AILA) has released a detailed flyer titled “Know Before You Go: Immigration Court Hearings and ICE Arrests” to alert immigrants and their supporters about a recent surge in ICE arrests occurring outside immigration courthouses. Since May 21, 2025, ICE officers have been stationed outside many immigration courts and have been arresting individuals immediately after their hearings conclude.
This flyer is intended for people with upcoming immigration court dates as well as their family members and friends who support them. It provides critical information about the risks of arrest and expedited removal—a fast-track deportation process that bypasses further court hearings. In some cases, even when the government requests dismissal of a case, ICE arrests the individual as they leave the courthouse and initiates expedited removal proceedings, which do not allow for appeals or additional judicial review.
The flyer explains who may be subject to expedited removal, including those who entered the U.S. without inspection and cannot prove continuous physical presence for at least two years, as well as individuals whose parole status has been terminated or canceled, such as some humanitarian parolees. Conversely, it outlines who is generally exempt, such as those inspected and admitted into the U.S., unaccompanied minors under 18, Cuban nationals arriving by airplane, and those who can prove two or more years of continuous residence.
AILA advises carrying photocopies of documents demonstrating continuous residence, such as lease agreements, utility bills, or dated medical and employment records, to present if needed. The flyer also instructs individuals on how to request a “credible fear” interview if they fear persecution or torture upon return to their home country, which can pause expedited removal and allow for asylum claims to be heard.
Importantly, the flyer warns against signing any ICE paperwork without consulting a lawyer, as documents like Voluntary Departure or Stipulated Removal could lead to immediate removal. It also provides guidance on questions to ask if the government requests dismissal of a case and outlines basic rights if arrested, including the right to remain silent, to speak with an attorney, to contact one’s consulate, and to refuse home searches without a warrant.
AILA encourages immigrants and their families to prepare in advance by saving emergency contact numbers, consulting immigration attorneys before hearings, gathering proof of residence, and discussing possible outcomes with loved ones. The flyer also includes resources for emergency legal help and ways to locate detained persons.
This flyer comes amid a nationwide increase in ICE arrests at immigration courts, a shift in enforcement policy that targets individuals regardless of criminal history, including asylum seekers and those without legal representation. The policy has raised concerns as it fast-tracks deportations and undermines due process protections traditionally afforded in immigration courts.
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