Immigration courts are supposed to be a place where individuals can defend themselves, seek relief, and pursue justice. But for many families today, walking into court feels less like a chance at due process and more like stepping into a trap. The Cruel Double Bind Every noncitizen in deportation proceedings is required by law to attend scheduled immigration hearings. If they miss court, a judge can issue a removal order on the spot. But showing up no longer guarantees safety. Increasingly, Immigration and Customs Enforcement (ICE) agents have been arresting people right outside immigration courtrooms—in hallways, parking lots, and even elevators. This leaves immigrants with a devastating choice: attend court and risk arrest, or stay home and risk deportation in absentia. Either way, families are forced into impossible decisions that undermine faith in the justice system. 

A Client’s Fear Made Real
This dilemma is not abstract—it is happening to people in our community right now. For example, one of our clients—let’s call him Pedro—called my office the night before his immigration hearing. He was frantic. He had heard reports that ICE was waiting outside courtrooms to arrest anyone who entered. His voice shook as he asked me: “Should I even go? Or should I stay home and hide?” I had to remind him of the brutal reality: if he failed to appear, the judge would likely order his deportation immediately. Not showing up wasn’t an option. But showing up meant risking detention at the courthouse doors. I assured Pedro that I would attend the hearing with him, that we would face the system together. That reassurance gave him the strength to walk into court the next morning. But his fear illustrates what thousands of immigrants are wrestling with daily—whether compliance with the law will be used against them. 

From Backlog to Crackdown
The immigration court system is overwhelmed, with nearly 3.5 million active cases pending nationwide. In the past, having a case on the docket gave immigrants temporary protection while they pursued asylum, family petitions, or other relief. Now, ICE attorneys are asking judges to dismiss cases outright. While that might sound like good news, in reality it strips immigrants of protections and makes them vulnerable to expedited removal—a fast-track deportation process that bypasses many of the constitutional safeguards normally available in court. 

A Chilling Effect
Immigration judges and attorneys warn that courthouse arrests are scaring people away from attending hearings. In some courts, as many as 60% of immigrants fail to appear for their first hearing. Not surprisingly, the number of removal orders has surged in recent months. The message to immigrant families is devastating: even when you follow the rules and comply with court orders, you may still end up in handcuffs.
What You Can Do
● Know Your Rights: You do not have to answer questions from ICE without a lawyer. You can remain silent and request legal counsel.
● Don’t Go Alone: Always bring an attorney or legal representative to court if possible.
● Stay Connected: Policies change quickly. Keep in touch with community groups and legal professionals who track developments in real time.
​
The Bigger Picture
A justice system cannot function when people are too afraid to participate. Turning immigration courts into traps not only devastates families—it erodes the very foundation of due process. Immigrants like Pedro deserve more than a choice between two impossible risks. They deserve fairness, dignity, and the chance to be heard without fear that showing up in court will end in detention.