ICE at courthouses — immigration court arrests, state-court shield laws, and your rights (2026)

ICE at courthouses — what changed in 2025-26 and what your rights are

Courthouses became one of the most active immigration-enforcement settings in the United States in 2025-26. This page explains the two very different situations — immigration courts (federal EOIR hearing offices) and state courthouses — what changed, what is currently restricted and where, and what rights apply in any courthouse. It is general information, not legal advice.

The timeline — what changed and when

• January 2025. DHS rescinded the “protected areas” guidelines that had discouraged enforcement at sensitive locations, and immigration enforcement near courts expanded. See sensitive locations — what remains of the doctrine.
• May 20, 2025. A coordinated practice began at immigration courts nationwide, documented by the American Immigration Council and the National Immigrant Justice Center: ICE attorneys move to dismiss cases, and officers arrest the person outside the courtroom to process them into expedited removal (the “dismissal trap,” explained below). Arrests were reported in New York, Miami, Chicago, Seattle, and many other cities.
• August 1, 2025. Advocacy organizations sued in federal court in New York (African Communities Together and The Door v. Lyons) challenging arrests at NYC immigration courts. A request to halt arrests was partly denied in September 2025.
• March 2026. In that litigation, the federal government admitted that the 2025 memorandum it had cited as authority for immigration-court arrests “does not and has never authorized” them — an admission widely reported by NPR and others on March 25-26, 2026.
• May 18, 2026. The district court granted a stay: ICE is largely prohibited from civil immigration enforcement in or near 26 Federal Plaza, 201 Varick Street, and 290 Broadway (Manhattan’s immigration-court buildings) and must follow its own 2021 guidance, which permits courthouse arrests only in narrow circumstances.

As of June 11, 2026: the stay protects the New York City immigration courts specifically. In other cities, immigration-court arrests have continued. Litigation is ongoing — treat any specific courthouse’s situation as something to verify the week you have a hearing.

The “dismissal trap” — mechanics and countermoves

The documented pattern works like this:

1. You appear for a scheduled hearing (often a first master-calendar hearing).
2. The ICE trial attorney moves to dismiss your removal proceedings. A dismissal sounds favorable — your case “goes away.”
3. If the judge grants the motion on the spot, you walk out without a pending case — and without the protection from expedited removal that a pending case provides.
4. ICE officers, coordinated in advance, arrest you in or near the courthouse and process you for expedited removal, a fast-track deportation with no immigration-judge hearing. Note: the January 2025 nationwide expansion of expedited removal was stayed by a federal court on August 29, 2025 (Make the Road NY v. Noem, D.D.C.; government appeal pending) — yet ICE continued processing some courthouse arrestees for expedited removal, which is itself part of the ongoing litigation. Whether expedited removal can lawfully be applied to a specific person (especially anyone who entered with parole) is exactly the kind of question an attorney should raise immediately.

Attorneys and BIA-accredited representatives commonly respond by: opposing the dismissal orally and on the record, asking that the government file the motion in writing, requesting time to respond (briefing schedules are standard procedure), and reserving appeal. People with pending asylum applications should know the credible-fear safeguard described in the FAQ above.

Your rights in any courthouse — federal or state

The constitutional baseline does not change at a courthouse door:

• Right to remain silent (5th Amendment). You do not have to answer questions about your immigration status, place of birth, or how you entered the US. Saying “I am exercising my right to remain silent and I want to speak with my attorney” preserves the right.
• Warrant type matters. An ICE administrative warrant (Form I-200 or I-205, signed by an ICE officer) authorizes arrest in public places but is not a judicial order. A judicial warrant is signed by a judge. The difference is explained in detail in judicial vs administrative warrants.
• Do not sign documents without counsel. Documents presented after a courthouse arrest can waive the right to see a judge.
• Ask if you are free to leave. If officers say yes, walk away calmly.
• Do not run and do not present false documents. Flight can be used as evidence and false documents are a separate federal offense (18 U.S.C. §1546).
• You generally have the right to record openly in public areas, subject to courthouse rules — see recording rights.

State courthouses — the shield-law map

Several states restrict civil immigration arrests at their own courts. The strongest, as of June 2026:

These laws bind enforcement at state courts. They do not apply inside federal immigration courts.

If you have a hearing coming up — practical preparation

• Confirm your hearing (date, time, location) on the EOIR automated system and find your court in the immigration court directory by state.
• Ask your representative about a remote appearance. Many immigration courts allow appearance by video (Webex) on a granted motion — this is the most direct way to eliminate courthouse arrest risk while avoiding an in-absentia order.
• Have a family preparedness plan: family members should know your A-number, your attorney’s phone number, and how to use the ICE detainee locator.
• Go accompanied if possible. Court-watch and accompaniment programs operate in many cities.
• If you are arrested: say you want to speak with your attorney, say clearly if you fear returning to your country, and do not sign anything. See what happens in detention.

Related information

• Judicial vs administrative warrants — how to tell them apart
• Right to remain silent
• Sensitive locations — what remains
• What happens in ICE detention
• Immigration courts (EOIR) by state
• How to check your immigration court date and case status
• Find pro-bono legal help
• ICE detention — facility directory and detainee locator

Last verified: 2026-06-11. General information, not legal advice. Courthouse enforcement practices changed repeatedly in 2025-26 and vary by location — verify the current situation for your specific courthouse with a licensed immigration attorney or BIA-accredited representative before your hearing.