In recent months, arrests by ICE upon arrival in immigration court have increased, generating fear in the migrant community.
At Curbelo Law, our immigration attorneys in New Jersey are prepared to advise you and protect your rights. If you or a family member are facing a similar situation, do not hesitate to contact us as soon as possible.
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What should I know about ICE arrests when I go to immigration court?
Since May 2025, Immigration and Customs Enforcement (ICE) has begun arresting individuals outside of various immigration courts.
This practice can even affect those who have a scheduled hearing or are accompanying someone else. Therefore, it’s essential to be informed and take precautions. These are the key points to keep in mind:
Risk of detention upon leaving immigration court
ICE may arrest an individual upon leaving this location, even if their case has been closed.
Expedited removal
Undocumented individuals without proof of having been physically present in the US for two years, or whose humanitarian parole has been canceled, may be deported more quickly.
Who is protected
Generally, immigrants who may be protected from deportation are those who:
- They entered the United States legally,
- They can demonstrate that they have more than two years of continuous presence in the US,
- They are unaccompanied immigrant minors.
- They are Cuban citizens who arrived by plane.
Proof of residency
It is recommended to bring copies of documents such as:
- Lease agreements,
- Receipts,
- School, medical, or bank records proving more than two years of continuous presence.
If you fear returning to your country
If you fear returning to your country of origin, you should inform ICE directly using phrases such as:
- “I’m afraid to return to my country.”
- “I want a credible fear interview.”
- “I fear persecution or torture.”
For more information on this topic, please check our blog on how to apply for asylum in the US.
Do not sign any documents without the presence of an immigration attorney.
You should not sign a voluntary departure or waive your rights without prior legal advice.
Know your rights
It’s key that you know your rights as an immigrant in the United States. These rights include:
- Keep silent.
- Have a lawyer.
- Call your consulate.
- Deny entry to the home without a signed court order.
Useful resources
There are resources that can be very helpful if you or a family member is facing ICE detention. Some of them include:
- Cut-off dates: 1-800-898-7180
- Legal Emergencies: 2150# or (202) 442-3363
- Family Support Line: 1-855-435-7693
- Locating detained individuals: ice.gov/odls
Additionally, if you urgently need to locate a minor detained by ICE, you can refer to our blog on how to find a minor detained by immigration.
Prepare in advance
Save the numbers mentioned, consult with our attorney Carolina T. Curbelo, gather the necessary evidence, and share this information with those who may be affected.
What’s happening with ICE mass arrests in 2025?
In June 2025, ICE made a record number of arrests in a single day, detaining more than 2,300 immigrants across the country.
According to recent reports, this is the highest number ever recorded in a single day. This intensification of immigration enforcement responds to direct instructions from the White House.
The most alarming thing is that:
- Many of the detained individuals were cooperating with immigration authorities.
- Hundreds of individuals were part of the alternative to detention program. This program allowed immigrants to await the resolution of their cases while being monitored via electronic bracelets.
- ICE has begun detaining immigrants during pre-scheduled screening visits, without the need for court orders.
There have also been arrests of individuals without active warrants who were simply near an arrest operation. In fact, even US citizens have been reported to be wrongfully arrested.
What types of hearings are available in immigration court?
In an immigration process there are two main types of hearings before the immigration judge:
- The first is the master calendar hearing, which is usually brief. During this hearing, the judge verifies the immigrant’s identification, the government’s charges, and determines whether the individual needs more time or wishes to seek legal representation.
- The second is the individual hearing, which takes place at a later date. At this stage, evidence is submitted, testimony is heard, and the immigrant presents their full case, whether seeking asylum, cancellation of removal, or other relief.
How can Curbelo Law help you?
At Curbelo Law, our immigration attorney is prepared to assist you through every stage of your immigration process. At our firm, we can assist you with:
- Adequately prepare each phase of the legal proceedings.
- Design an emergency plan in case of arrest by ICE.
- Represent you in court to protect your legal stay in the country.
- Provide legal support in sensitive cases such as asylum applications or family unit protection.
Recent reports of ICE arrests when going to immigration court have raised serious concerns about due process and immigrant rights. Don’t face this process alone. We’re here to protect your rights and your future. Schedule a confidential consultation with us today.
