Know Your Rights: ICE at Immigration Court

U.S. Immigration and Customs Enforcement (ICE) has started making arrests at immigration courts around the country.

If you have been in the United States for less than two years and are scheduled for court, the government may try to terminate your removal proceedings in order to place you in a process called expedited removal.

Before your hearing:

  • Review NIJC’s guidance on how to prepare for ICE enforcement actions and a plan to protect your family.
  • Share your A# with a loved one, along with the ICE detainee locator link they can use to locate you if you are detained. They will need your A# and country of birth. (Note that it is taking several days for people to appear in ICE’s detainee locator database after they are arrested or transferred to a new detention center.)
  • If you have lived in the United States for less than two years, ask someone with secure legal status to accompany you to immigration court.
  • If you have lived in the United States for more than two years, bring documents to court showing the length of time you have been in the country. This can include U.S. income tax returns, utility bills, leases, school records, medical records, bank records, or other documents.
  • Know that not attending your hearing could result in an “in absentia” deportation order. Seek a consultation with a qualified legal practitioner if you have not already had one.

During your hearing:

  • If the government seeks to dismiss or terminate proceedings, object and tell the judge you oppose termination.
  • If the judge terminates your case even after you object, tell the judge you wish to appeal.

If you are arrested:

  • If you are afraid of returning to your country, tell ICE about your fear as soon as possible, and repeat it whenever you can. Request a “credible fear” interview.
  • Do NOT sign papers you do not understand. Ask for them to be read to you in a language you understand.
  • Review NIJC’s guidance on what to do if you or a loved one is detained.
  • Report ICE arrests in Illinois: Call ICIRR’s Family Support Hotline: 1-855-HELP-MY-FAMILY (1-855-435-7693). Support is available in English, Spanish, Korean, and Polish.
  • Request legal representation from NIJC: Call the NIJC Detention Project at (773) 672-6599 on Tuesdays from 11:00 a.m. to 2:00 p.m. Detained immigrants call collect at (312) 583-9721 or use the pro bono platform and NIJC’s 3-digit code, 565.