ICE Targets Migrants Through Court Case Dismissals for Quick Deportation

The Trump administration has initiated a program to facilitate the deportation of certain migrants by canceling their court cases, allowing Immigration and Customs Enforcement (ICE) to detain them swiftly for expedited deportation, sources have revealed to CBS News.

Attorneys and advocates have noted an increase in the arrest of migrants at immigration court locations nationwide. ICE officers are reportedly detaining individuals whose cases before immigration judges have been terminated, often requested by the government.

According to officials from the Department of Homeland Security, ICE's goal is to accelerate the deportation process for migrants who have upcoming court appearances. This tactic is part of the administration's broader effort to intensify immigration arrests significantly, aiming to implement one of the most extensive deportation operations in U.S. history as promised by President Trump.

The current strategy involves ICE legal representatives petitioning for the dismissal of certain migrants' court cases. Consequently, ICE agents can proceed to apprehend these individuals, placing them into a rapid deportation protocol known as 'expedited removal.'

Unlike the prolonged nature of immigration court cases—bogged down by an enormous backlog of 4 million cases—expedited removal enables faster deportation, provided certain criteria are met.

Migrants without proper documentation who cannot prove a two-year presence in the U.S. are subject to deportation via expedited removal, bypassing the need for court hearings.

Historically, expedited removal was limited to those caught within 100 miles of the border within two weeks of entering. The Trump administration, however, extended this scope shortly after assuming office.

Expedited removal is also applicable to those who legally entered through official entry points, without the two-year limit, posing a threat to many migrants under the Biden administration's CBP One program.

Though migrants subject to expedited removal can be sent back without a court hearing, those fearing persecution in their home country can request an interview with an asylum officer. Success in these interviews allows them to present their case to an immigration court.

Tricia McLaughlin, representing the Department of Homeland Security, criticized the Biden administration for releasing migrants with scheduled court appearances instead of utilizing expedited removal for faster deportation.

"ICE is now adhering to legal requirements by including these unauthorized migrants in expedited removal," McLaughlin stated.

Phoenix-based immigration attorney Leandro Ferrer shared that his clients, two Cuban nationals, were detained by ICE upon leaving their immigration court hearing on Tuesday, where their proceedings had been dismissed.

Ferrer expressed astonishment and disappointment when his clients were apprehended, noting, "There was no presentation of identification, no arrest warrant, nor any effort to confirm any criminal activity."

His clients, Cuban migrants, had legally entered the U.S. via a border checkpoint in 2022 intending to seek asylum.

Despite ICE's court-side detentions, immigration attorneys continue to advise their clients to attend scheduled hearings, as absence could lead to automatic deportation orders.

These ICE sweeps have been reported in multiple cities with significant immigrant populations, including Los Angeles, Seattle, Chicago, Dallas, Las Vegas, and Miami.

Antonio Ramos, a Miami immigration lawyer, recounted the flood of calls from families of the arrested, seeking legal assistance.

To safeguard his clients, Ramos plans to accompany them to their court dates, ensuring they aren't left unattended in the courthouse at any moment.

Ramos stresses the importance for individuals to consult with an immigration attorney before any court appearance, rather than relying on notaries, to explore all legal avenues.

Camilo Montoya-Galvez, based in Washington, D.C., covers immigration policy and political dynamics for CBS News.