Know Your Rights: Immigration Court

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ICE is arresting people at and near the immigration courts in Concord, Sacramento, and San Francisco. Before these arrests, attorneys representing the U.S. Department of Homeland Security often request that immigration judges dismiss ongoing cases. In the past, a dismissal of an immigration case could be a positive development for someone in removal proceedings.

However, ICE is now using dismissals to detain certain people for “expedited removal,” a rapid deportation process that occurs without a judge. Although everyone cannot legally be subjected to expedited removal, individuals should consult with a trusted attorney to understand whether it could apply to them. Under these circumstances, people with an upcoming immigration hearing may worry about attending court. However, if someone misses their hearing, an immigration judge can order them deported in their absence, which may be very difficult to reverse.

Weighing this risk is a serious decision, but you have rights.

This information is not intended as legal advice. Consult with an attorney if you have specific questions about your situation.