Immigration Attorney Cautions Immigrants on Courthouse Arrests Following Case Denials

New York-based immigration attorney Bashu Phulara speaks at a legal clinic, warning immigrants about swift ICE arrests following court denials. Photo: Rajan Kafle for NepYork

At a recent free legal clinic and immigration forum hosted by Hudson S.P.E.A.K.S. Against Sexual Violence in New Jersey, New York-based immigration attorney Bashu Phulara warned immigrants about a significant shift in U.S. Immigration and Customs Enforcement (ICE) tactics. Phulara noted that ICE has become more aggressive, apprehending individuals almost immediately after their immigration cases are denied in court. “ICE has changed its posture. They are now arresting individuals immediately after court denials. We’re seeing this more and more. It used to take weeks. Now they act within hours,” Phulara told attendees.

Phulara, whose practice focuses on immigration law, advised immigrants to carry essential documentation at all times to mitigate risks. “Carry copies of your green card, work permit, driver’s license, state ID, and other documents every time you leave your home,” he urged. For those who entered the U.S. illegally or overstayed their visas, he emphasized the importance of consulting a lawyer before taking any action: “Please, don’t take any steps without talking to a lawyer.”



An attendee asks a question to an attorney during the legal clinic and immigration forum. Photo: Rajan Kafle for Nepyork

The attorney also addressed immigrants with Temporary Protected Status (TPS), warning them not to delay seeking legal counsel. “If you are only on TPS and don’t have another status—don’t wait until August 5 to panic. Talk to an attorney now,” Phulara advised, referencing potential deadlines or policy shifts that could impact TPS holders.

Despite the intensified enforcement, Phulara reassured attendees that legal options remain for those with clean records. “If you’ve never committed a crime and there’s new evidence to support your case, we can explore paths—marriage-based petitions, humanitarian waivers, or reopening your case,” he said. However, he stressed the urgency of acting quickly: “Time is of the essence.”

The event focused on emergency preparedness, rising deportation concerns, and the looming termination of Temporary Protected Status (TPS) for Nepalese Immigrants.

Dr. Bishnu Maya Pariyar, Program Director at Hudson S.P.E.A.K.S., speaks at a forum in New Jersey. Photo: Rajan Kafle for Nepyork

“TPS is ending on August 5, and thousands of lives are hanging by a thread,” said Dr. Bishnu Maya Pariyar, Program Director at Hudson S.P.E.A.K.S. “We organized this not just because the law is changing, but because our families are suffering silently. Many don’t know their rights. Many are scared. We have organized this event to help them find a way and let them know they are not alone.”

The Department of Homeland Security (DHS) has announced the termination of TPS for Nepal, effective August 5, 2025. This decision affects approximately 7,000 Nepali nationals who have been residing in the U.S. under TPS since its designation following the 2015 earthquake.

During the event, Kishor Panthi, Editor-in-Chief of Khasokhas, offered the most detailed breakdown of TPS statistics to date. With TPS set to expire on August 5, anxiety is high among the estimated 7,500 remaining beneficiaries. “In 2015, around 15,000 Nepalis received TPS. Today, 7,500 remain. And out of that number, 5,500 already got green cards. So, is everyone going to be deported on August 5? No. But 1,500 people are at immediate risk of deportation—primarily those with final removal orders.”

Panthi emphasized that many of the remaining TPS holders have pending asylum cases or are on other visa categories. “The real number of people facing immediate deportation is lower than people think.” Panthi clarified that many individuals on F1, H1B, asylum, or visitor visas shifted to TPS, and some of them now have pending applications like asylum. “People are panicking because they’re being misled by misinformation and disinformation through social media.”

Kishor Panthi, Editor-in-Chief of Khasokhas, provides a detailed breakdown of TPS statistics. Photo: Rajan Kafle for NepYork

Panthi also addressed the concerning decline in asylum approval rates: “In 2024, the approval rate for Nepali asylum applications was 42%, a significant decrease from 53% in 2023. The first quarter of 2025 saw an approval rate of only around 20%, with over 10,000 asylum cases pending in immigration court. If this trend continues, the risk of deportation for many individuals will increase in the coming years.”

Immigration advocate Catherine Tansey  provided attendees with crucial information on their constitutional rights in the current situation. “Everyone is protected by the Constitution,” she explained. “That means you are protected from unreasonable searches and seizures.” The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, generally requiring a warrant based on probable cause. “You have Fourth Amendment rights. If ICE knocks on your door, don’t panic. Don’t open the door. Ask to see ID. Ask for a warrant. And teach your children not to speak to strangers.”

Tansey advised every family to prepare a power of attorney, designate a trusted friend, and make concrete plans for their children. “Who picks them up from school if you don’t come home? Who handles your rent, your bank account, your life? These are not distant possibilities—they are very real.”

Advocate Catherine Tansey provides crucial information on constitutional rights to attendees. Photo: Rajan Kafle for Nepyork

She urged families to prepare emergency plans, including legal documentation such as power of attorney agreements and contingency plans for children in case of unexpected detentions. “Whether you are documented or undocumented, ICE doesn’t care. They don’t always knock politely,” Tansey said. “Everyone must be prepared. Emergency plans are no longer optional. They’re essential.” The Fifth Amendment of the U.S. Constitution provides several key protections, most notably against self-incrimination, double jeopardy, and the requirement of due process before deprivation of life, liberty, or property.

Pradeep Pariyar Thapa, IT Consultant at Hudson S.P.E.A.K.S. and Co-Founder of TAP. Photo: Rajan Kafle for Nepyork

The event was moderated by Pradeep Pariyar Thapa, IT Consultant at Hudson S.P.E.A.K.S. and Co-Founder of TAP.

Bhavya Chaudhary, Outreach and Prevention Coordinator at Hudson S.P.E.A.K.S. Photo: Rajan Kafle for Nepyork

Bhavya Chaudhary, Outreach and Prevention Coordinator at Hudson S.P.E.A.K.S., outlined the organization’s services for survivors of sexual violence.

Ashmeen Kaur, Outreach Coordinator at Bolo Behen. Photo: Rajan Kafle for Nepyork

Ashmeen Kaur, Outreach Coordinator at Bolo Behen, welcomed attendees and introduced Bolo Behen’s culturally specific support services for South Asian women and their families.

This initiative was organized in collaboration with Training, Access, Progress (TAP the Opportunity Org), Women for Cause (WFC), and Hudson S.P.E.A.K.S.’ initiatives—Bolo Behen (Speak Sister) and Voces Sin Fronteras (Voices Without Borders).


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