In May 2025, a significant shift occurred in U.S. immigration enforcement. The U.S. Department of Homeland Security’s Immigration and Customs Enforcement (DHS-ICE) began unilaterally requesting that several non-citizens’ immigration court cases be dismissed. Within a matter of minutes, ICE officers would then arrest the subject within or just outside the court after their cases were dismissed. This tactic, which has sparked widespread concern among legal advocates and immigrant communities, is part of a broader strategy by DHS to expedite deportations. Essentially, the tactic involves ICE attorneys requesting that the immigration court dismiss the charges previously filed in court against the non-citizen. These proceedings are known under the Immigration and Nationality Act (INA), the immigration law of the United States, as Section 240 proceedings, commonly referred to as “removal proceedings” in an immigration court. In 240 proceedings, there is a judge, an ICE attorney prosecuting the case, and respondents could hire an attorney to represent them. We believe this tactic is aimed at and can only apply to recent migrants who have been in the United States less than two years and entered without permission or with a DHS-issued parole. Contrast this with Section 235 proceedings, or “Expedited Removal” proceedings In Expedited Removal proceedings, the respondent is often unable to secure representation due to the swift nature of the case, and there is no judge. Rather, DHS officers evaluate the case and decide in the case. Section 235 proceedings apply to individuals who are seeking entry to the United States without valid documentation to enter the United States. They also arguably apply to individuals who were allowed to enter the United States but were allowed by DHS to enter and remain in the United States within 2 years of the initiation of these proceedings. What DHS is going with this tactic is dismissing the Section 240 immigration court case for respondents who have not yet reached the two-year anniversary of their time in the United States. Then, ICE officers are arresting the individuals and initiating Section 235 Expedited Removal proceedings. This approach has been described as a "coordinated operation" aimed at swiftly removing individuals from the country without the typical judicial oversight. For example, a family of four: mother, father, and two minor children, who had entered the United States legally under a previous administration's program, could have been asked to appear before an Immigration Judge at their local Immigration Court. DHS could unilaterally dismiss their case, and ICE agents could detain the family immediately after their case was dismissed in court. There are now confirmed reports of this happening in numerous cities. Family members reported that the agents arrived in unmarked vehicles and detained them without allowing time to gather their belongings. Historically, this procedure was limited to individuals apprehended near the border and who had been in the country for less than two weeks. However, under the Trump administration, the scope of expedited removal has been expanded to include individuals who have been in the U.S. for less than two years, regardless of their location. YOU HAVE RIGHTS: If you believe you are subject to these actions, try to remain calm. It is crucial to be prepared and proactive to try and ensure you are best protected. If an individual subject to these actions has a strong and viable asylum claim, they could overcome these actions. Ibrahim Law Office is closely monitoring developments, preparing to contest unlawful detentions, and ready to argue to judges that they must uphold due process and the rights of immigrants. The outcome of these legal battles will likely shape the landscape of U.S. immigration enforcement for years to come. For individuals with upcoming court dates, it is crucial to seek legal counsel to understand their rights and options. Legal aid organizations and immigration attorneys can provide guidance and representation to navigate the complexities of the current immigration enforcement environment.
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