Q#1: Since May of 2025, ICE Officers have started to arrest individuals with immigration appointments outside of Immigration Court and at USCIS Offices. If I have a case in front of an Immigration Court or an appointment at USCIS Office, what should I do?
A#1: You should be aware that ICE Officers have the ability to arrest individuals following a court hearing or an immigration benefits appointment. This significantly raises the stakes for an applicant that is trying to pursue their immigration case and increases the need for an attorney to be present during any and all interactions with any Immigration Official.
Q#2: If my spouse applied for me to get my Green Card and I am attending an interview at a USCIS Field Office, what should I expect?
A#2: In some cases, when applicants have applied for a benefit that they don’t actually qualify for, or that can be discretionarily denied, USCIS has had ICE agents present and following the interviews they have detained the applicant and put them in deportation proceedings.
Q#3: If I qualify for a Green Card or Citizenship in the United States, is there a chance that I will be detained by ICE if I don’t ultimately qualify?
A#3: Yes. In the past, if someone did not qualify for a benefit, their case was usually just denied and closed. However, we are now seeing cases where applications are denied and the applicant is then detained and placed into deportation proceedings. This is why it is so important to consult with an attorney beforehand to confirm eligibility and to prepare the strongest application possible.
Q#4: I have heard that people are being detained when they show up to their Immigration court hearings. Why are people with open cases being deported?
A#4: In some cases, the government has moved to dismiss applications citing “changed circumstances.” Once the hearing ends, ICE then arrests individuals outside the courthouse and begins Expedited Removal, which bypasses the immigration courts entirely and allows for immediate removal.
Q#5: What is Expedited Removal and who is subject to it?
Expedited Removal allows ICE to deport certain individuals without a hearing. A person may be subject to Expedited Removal if they entered the U.S. without permission and cannot prove two years of continuous physical presence.
Additionally, individuals whose parole has been terminated—such as those under recent Biden-era parole programs for Venezuela, Ukraine, and other countries—may also be subject to Expedited Removal, even if they entered the U.S. legally and have been present for over two years.
Q#6: Who is protected from Expedited Removal?
A#6: Generally, you cannot be placed in Expedited Removal if:
- You were lawfully admitted into the U.S.
- You have over two years of continuous physical presence.
- You are under the age of 18.
- You are a Cuban national who arrived by plane.
Q#7: How do I demonstrate that I’m not subject for Expedited Removal?
A#7: You should carry documentation proving you’ve been in the U.S. for at least two years.
Q#8: If I think I qualify for an immigration benefit, but am very concerned about filing my application and ending up in the hands of ICE, what should I do?
A#8: Speak with an immigration attorney BEFORE filing any applications with the immigration service. A qualified attorney can evaluate your case, determine if you qualify for any benefits that don’t require a court appearance, and confirm that your background does not put you at risk of Expedited Removal. Once that is confirmed, then you can move forward with your application.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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