Immigration Court Changes—ICE Arrests, Dismissals, and Technology Issues

Navigating the Changing Immigration Court Landscape

Immigration courts across the United States are experiencing significant shifts in practices and enforcement tactics in 2025. At Rocesq LLC, we've observed concerning trends that affect immigrants appearing for their scheduled court dates, as well as technological issues that can impact case outcomes. This post covers essential information about current immigration court dynamics, ICE enforcement at courthouses, case dismissal tactics, and practical guidance for protecting your rights.

ICE Arrests at Immigration Courts: A Troubling Trend

One of the most alarming developments we've tracked involves Immigration and Customs Enforcement (ICE) officers detaining respondents after court appearances—even in cases where ICE attorneys have motioned to dismiss proceedings. This tactic primarily targets individuals who have been in the U.S. for less than two years, regardless of whether they have pending relief applications.

Here's what we're seeing:

• ICE detaining individuals immediately after DHS moves to dismiss their immigration proceedings

• Enforcement officers targeting recent arrivals (those in the U.S. less than 2 years)

• Detention occurring even when individuals have active applications for immigration relief

• Increased enforcement aligned with the January 2025 expansion of expedited removal authority

Understanding DHS Motion to Dismiss Tactics

The Department of Homeland Security (DHS) attorneys are increasingly using motions to dismiss as an enforcement strategy. Rather than allowing cases to proceed through normal channels, these dismissals can place respondents at immediate risk of detention and expedited removal without the protection of ongoing court proceedings.

This tactic becomes especially problematic when coupled with the expanded expedited removal authority now in effect nationwide. Under current policy, individuals who cannot prove continuous presence in the U.S. for at least two years may be subject to expedited removal—a fast-track deportation process that bypasses immigration courts entirely.

Protecting Yourself in Immigration Court

If you have an upcoming immigration court appearance, consider these protective measures:

1. Oppose oral motions to dismiss: Your attorney should be prepared to oppose any sudden oral motion to dismiss your case, especially if you're seeking relief from removal.

2. Request continuances when appropriate: Sometimes buying time through a continuance can protect your rights and give you more opportunity to prepare your case.

3. File written oppositions: Having formal written oppositions to DHS motions creates a better record and may help prevent dismissal tactics.

4. Consider remote appearances: When possible, use WebEx or other remote appearance options to minimize in-person risk of detention after hearings.

5. Bring support: Having U.S. citizen family members or others accompany you to court can sometimes deter enforcement actions.

Recalendaring of Administratively Closed Cases

Another concerning trend involves the Office of Principal Legal Advisor (OPLA) seeking to recalendar old cases—some more than ten years old—that were previously administratively closed. Administrative closure allowed cases to be temporarily removed from a judge's active docket, providing relief to individuals with low enforcement priority.

Currently:

• OPLA is actively working to put old cases back on court calendars

• Some cases being recalendared date back more than a decade

• Judges must apply regulatory standards before approving recalendaring

• This represents a significant shift from previous enforcement priorities

If you have a previously administratively closed case, it's crucial to consult with an immigration attorney immediately, as your case may suddenly become active again with little notice.

ECAS Technology Issues and Notice Problems

The Electronic Case Access System (ECAS) implemented by the Executive Office for Immigration Review has created new challenges for immigrants and their attorneys. We're seeing consistent problems with:

• Missing service of motions filed by government attorneys

• Absence of briefing schedules in complex cases

• Failure to receive hearing notices through the electronic system

• Discrepancies between paper and electronic notifications

These technology issues can have severe consequences, including missed hearings and in absentia removal orders. To protect yourself:

• Check ECAS regularly if you have access

• Verify notification settings with your attorney

• Don't rely solely on electronic notifications

• Keep your address updated with the court at all times

Broader Policy Context

Recent immigration policy changes have created a more complex and challenging environment for those in removal proceedings. The January 2025 expansion of expedited removal authority now allows for rapid deportation of undocumented individuals without court appearances if they cannot prove at least two years of continuous presence in the U.S.

Additionally, increased ICE presence and enforcement activities have been reported at:

• Immigration courts

• Universities and educational institutions

• Neighborhoods with large immigrant populations

• Workplaces and day labor sites

This expanded enforcement comes as new immigration court filings appear to have stabilized in March 2025 after a period of sharp increases, suggesting a shift toward more intensive enforcement rather than simply processing more cases.

The Matter of Q. Lee Decision and Its Impact

A recent Board of Immigration Appeals decision, Matter of Q. Lee, has expanded mandatory detention under INA § 235(b). This decision particularly affects individuals who were:

1. Initially apprehended at entry

2. Released on parole

3. Later re-detained by immigration authorities

Under this ruling, these individuals are now considered "arriving aliens" indefinitely, making them ineligible for bond under § 236. This significantly limits options for release from detention and increases risks associated with any contact with immigration authorities.

Practical Guidance for Immigrants in Removal Proceedings

If you're currently in removal proceedings or have a previously closed immigration case, consider these steps:

1. Consult with an immigration attorney: The rapidly changing landscape makes professional guidance essential. At Rocesq LLC, our attorneys stay current on these developments to protect our clients.

2. Gather evidence of continuous presence: If you've been in the U.S. for more than two years, collect and organize documentation proving your continuous presence, such as lease agreements, utility bills, medical records, school records, and employment documentation.

3. Be cautious about "self-deportation" programs: Current initiatives like "Project Homecoming" offer incentives for voluntary departure but often include misleading information. Bars to reentry still apply even with voluntary departure.

4. Know your rights: If approached by immigration officials, remember you have the right to remain silent and the right to speak with an attorney. Do not sign any documents without legal counsel.

5. Maintain updated contact information: Ensure the immigration court and your attorney have your current address and contact information to prevent missed notices.

Resources and Support

At Rocesq LLC, we're committed to helping our clients navigate these challenging developments. If you have concerns about an upcoming court date, a previously closed case, or ICE enforcement tactics, contact our office immediately at http://rocesq.com.

Remember that information and preparation are your strongest tools when facing immigration court proceedings. Stay informed, know your rights, and work closely with qualified legal counsel to protect your status and future in the United States.

Conclusion

The immigration court system continues to evolve, with enforcement priorities and tactics shifting significantly in 2025. ICE arrests at courthouses, strategic case dismissals, and technology challenges all create new obstacles for immigrants in proceedings. By understanding these changes and working with experienced immigration attorneys, you can better protect your rights and navigate this complex system.

If you have questions about how these changes might affect your specific case, please contact Rocesq LLC for personalized guidance and representation.