In a move that’s stirring debate across the United States, Immigration and Customs Enforcement (ICE) agents have begun arresting undocumented immigrants as they exit mandatory immigration court hearings. This tactic, observed in cities like Miami, New York, Seattle, and San Diego, has sparked outrage among immigration advocates, legal experts, and community members who say it undermines trust in the judicial system and punishes people for following the rules. As the Trump administration pushes for tougher immigration policies, this strategy is raising questions about fairness, due process, and the future of immigration enforcement.
A New Approach to Enforcement ice
The new tactic involves ICE agents waiting outside courtrooms or in courthouse hallways to detain immigrants immediately after their hearings. In many cases, these individuals have complied with legal requirements, attending scheduled court dates to plead their cases for asylum or other forms of relief. However, some are finding their cases dismissed only to be met by federal agents ready to take them into custody.
In Miami, for example, reporters witnessed ICE agents, some in plain clothes, arresting at least four men as they left immigration courtrooms on May 21, 2025. One Cuban man, who had applied for a green card under the Cuban Adjustment Act, was handcuffed in front of his wife and daughter. “I am not afraid,” he said as agents led him to a van. Similar scenes have unfolded in Phoenix, where mothers with children were detained, and in Seattle, where activists tried to intervene as a man was arrested after his hearing.
This approach marks a shift from previous practices. Under the Biden administration, many undocumented immigrants who crossed the border were paroled into the country and given court dates to present their cases. Some were required to wear GPS trackers, but others were simply told to return for their hearings. Now, ICE has been granted new authority to detain and deport individuals who arrived in the U.S. within the last two years, even if they’ve followed legal protocols.
Why the Change?
The Trump administration has made immigration enforcement a cornerstone of its agenda, promising to deport up to one million people annually—a significant increase from previous years. President Trump has argued that holding court hearings for every undocumented immigrant is impractical. In an April 2025 social media post, he stated, “We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years. We would need hundreds of thousands of trials for the hundreds of thousands of illegals we are sending out of the country.”
To achieve this goal, the administration has introduced several aggressive tactics, including invoking the Alien Enemies Act to deport suspected criminals without trials and expanding ICE’s powers to arrest people at courthouses. Congress is also considering proposals to add 10,000 new ICE agents and double the number of detention beds to support these efforts.
Supporters of the policy argue that it targets individuals who are in the country illegally, prioritizing public safety and national security. ICE officials have stated that courthouse arrests are conducted discreetly, often in non-public areas, and are focused on those with criminal records or denied asylum claims. A Department of Homeland Security spokesperson emphasized that these actions comply with federal law and are coordinated with local authorities when possible.
A Blow to Trust and Due Process
Immigration advocates, however, see this tactic as a betrayal of justice. The New York Immigration Coalition issued a statement saying, “This escalation of tactics breaks down trust. People should be free to attend their important court cases without fear of being arrested, detained, and deported outside of the court.” Critics argue that targeting individuals who show up for mandatory hearings punishes compliance and discourages others from attending court, which could lead to more “no-show” deportations.
Legal experts also warn that these arrests disrupt the judicial process. In San Diego, immigration lawyer Valerie Sigamani described chaotic scenes where agents surrounded immigrants in narrow courthouse hallways. She expressed concern that fear of arrest could deter people from attending hearings, potentially harming their legal cases. “They came here expecting to be heard by a judge, and to walk out and be detained is not right,” Sigamani said.
The tactic has also drawn criticism for its impact on communities. A New York nonprofit reported a drop in immigrants seeking legal help for domestic violence cases, citing fear of ICE arrests at courthouses. In 2018, one organization noted a 1,500% increase in ICE courthouse operations compared to 2016, a trend that appears to be resurging. Advocates say this creates a chilling effect, discouraging undocumented immigrants from accessing courts, schools, or places of worship.
The new tactic has sparked legal challenges. In Chicago, 22 people, including a U.S. citizen, filed a federal court motion in March 2025, alleging unlawful ICE arrests violated a 2022 settlement requiring agents to follow strict guidelines for warrantless arrests. The National Immigrant Justice Center, representing the plaintiffs, condemned ICE’s “collateral arrests,” where agents detain people they encounter coincidentally while targeting others. “The administration’s approach to immigration enforcement is a canary in the coal mine for our democracy and the rule of law,” said Mark Fleming, the center’s associate director of litigation.
In Boston, a judge held an ICE agent in contempt for arresting a suspect during a trial, arguing it violated the defendant’s right to due process. Although the contempt case was later dismissed, it highlighted tensions between federal immigration enforcement and local judicial systems. Some states, like New York, have laws prohibiting ICE arrests inside courthouses without judicial warrants, but agents often bypass these rules by detaining people just outside the building.
A Polarizing Issue
Public reaction to the tactic is deeply divided. On one hand, some Americans support the administration’s hardline stance, believing it deters illegal immigration and prioritizes citizens’ safety. Social media posts on X have celebrated the end of “catch and release” policies, with users like @_satalink praising ICE’s efficiency. On the other hand, others, like @HillBeverlyhill, argue that the tactic violates basic rights and fails to satisfy habeas corpus, as it targets people complying with legal processes.
Immigrant communities are feeling the impact most acutely. Families are being separated, and fear is spreading. In Phoenix, mothers were detained in front of their children, leaving advocates scrambling to provide support. In Miami, a Cuban man’s family was left in distress after his arrest, unsure of his fate. These stories underscore the human toll of the policy.
What’s Next?
As ICE continues to ramp up enforcement, the debate over courthouse arrests is unlikely to fade. Immigration lawyers are urging clients to create “safety plans” in case of detention, such as arranging childcare or bill payments. Meanwhile, advocacy groups are pushing back through protests and lawsuits, demanding accountability and reform. In San Diego, activists armed with bullhorns shouted, “You have the right to remain silent,” as agents detained migrants.
The tactic also raises broader questions about the balance between enforcement and fairness. By targeting people at courthouses, ICE may achieve quick arrests, but it risks alienating communities and undermining the judicial system’s integrity. As one advocate put it, “If people are too scared to show up to court, how can justice be served?”
For now, the nation watches as this controversial strategy unfolds, with immigrants caught in the crosshairs of a heated policy battle. The outcome could reshape how America approaches immigration enforcement for years to come.
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