Class Action Filed Over ICE Courthouse Arrests for Violating Due Process

A collective lawsuit has been filed by two immigration advocacy groups against various government agencies, such as the Department of Justice, Homeland Security, Immigration and Customs Enforcement, and the Executive Office for Immigration Review. This legal action challenges the recent enforcement policies that have been implemented, which the plaintiffs argue disrupt the legal process, infringe on due process rights, and hasten the removal of noncitizens from the country.

The lawsuit, filed by Immigrant Advocates Response Collaborative and American Gateways, addresses the practice of ICE officers arresting individuals at or near immigration courthouses and the guidance issued by DHS that allows for the quick removal of noncitizens without proper notice, consent, or the opportunity for a full removal hearing.

Plaintiffs contend that prior policies, established between 2021 and 2023, had limited arrests at courthouses to exceptional circumstances to protect due process and prevent intimidation. However, in early 2025, these protections were removed, giving ICE agents increased authority to surveil, arrest, and detain individuals, as well as family members and witnesses, at immigration courts across the country. The result of these new policies has instilled fear and deterred individuals from attending court hearings, which undermines the fairness of immigration proceedings.

Numerous instances of arrests during routine court appearances have been cited, where individuals were immediately placed into expedited removal proceedings without the opportunity for legal representation or relief through asylum. The expedited removal process replaces full removal hearings and eliminates important safeguards, such as the ability to apply for asylum, adjust status, or seek cancellation of removal.

DHS directed its attorneys to dismiss cases from the full removal docket and reroute noncitizens to expedited removal proceedings in May of 2025. This policy change allows for cases to be dismissed without the standard response period, documentation, or consent of the affected individuals, signaling a violation of the structured immigration law processes.

Plaintiffs argue that these actions undermine due process and have unlawfully targeted individuals who have resided in the United States for over two years, contrary to the prescribed guidelines within the Immigration and Nationality Act. The combination of ICE’s courthouse arrest policy and DHS’s expedited removal directive has been labeled as a systematic breach of due process rights.

The lawsuit seeks to represent all noncitizens who have experienced or will face arrest during civil immigration enforcement actions at or near an immigration courthouse after January 21, 2025, as well as those who have had their full removal proceedings dismissed without consent on or after May 20, 2025. The plaintiffs request the court to halt the courthouse arrest policy, revoke the expedited removal guidance, and reinstate protective measures in immigration court proceedings.