In May 2025, Immigration and Customs Enforcement (ICE) started to detain many immigrants at their hearings in immigration court. Previously, this was very rare, but now this is becoming more common. This post shares what we know about what is happening right now, but the situation is rapidly changing.
What happens if I do not attend my immigration court hearing?
I am planning to attend an immigration court hearing in person. What can I know before I go?
Who is the government detaining in immigration court?
Beginning in May 2025, ICE has started to detain many immigrants at their immigration court hearings.
The government is detaining many immigrants who have been in the U.S. for less than two years at their master calendar hearings. We have heard widespread reports of this happening in immigration courts across the U.S. The government is also asking judges to dismiss these cases and then putting immigrants in a faster deportation process called “expedited removal.”
The government is detaining some immigrants who have been in the U.S. for more than two years – if they entered the U.S. with CBP One or other parole. We have heard some reports of this happening at master calendar hearings, but do not know if this is widespread. The government is also asking judges to dismiss these cases and then putting immigrants in a faster deportation process called “expedited removal.”
The government is detaining many immigrants who lose their asylum case at their final hearing (also called the “individual” hearing). We have started to hear more reports of this happening. If you want to appeal the denial, you can tell the judge at the hearing. However, even if you appeal, ICE can detain you while your appeal is in process. If the judge does not make a decision at your final hearing, ICE can still detain you, but this is less common than being detained after your case is denied. If you win asylum at your final hearing, you should not be detained.
Even if you are not in one of these categories, you could still be detained at an immigration court hearing. The categories above are what we have heard the most reports about, but ICE can also detain people in other scenarios. Anyone can be detained while they are in immigration court proceedings.
What happens if I do not attend my immigration court hearing?
If you do not attend your immigration court hearing, your asylum case will likely end, and you will likely receive a deportation order for missing your hearing. Receiving a deportation order can make it more difficult for you to qualify for legal status in the future. If you have a deportation order, ICE can also arrest and quickly try to deport you if they encounter you anywhere.
Is it possible to request a virtual (online) hearing?
Yes, but the request may be denied. Whether the request is granted depends on many factors, including the location of your immigration court, your judge, the reasons why you are requesting a virtual hearing, and if you have a lawyer. To request a virtual hearing you can try calling the immigration court or submitting a request in writing.
Learn more about virtual hearings.
I am planning to attend an immigration court hearing in person. What can I know before I go?
If you have lived in the U.S. for more than two years, you can bring documents showing this. So far, people who have been in the U.S. for more than two years are less likely to be detained and put in expedited removal after their master calendar hearing. But even people who have been in the U.S. more than two years can be detained.
You can try to find a lawyer to attend your hearing with you. Having a lawyer does not stop you from being detained, but a lawyer can try to advocate for you. Even if you do not have a lawyer to go with you, it can be useful to speak with a lawyer before the hearing about your specific case.
You can also consider asking a friend or family member who is a U.S. citizen to go with you to your hearing to support you, so they can tell others if you are detained. They may want to bring proof of their U.S. citizenship. It could also be helpful If they speak English.
If you are applying for asylum, you can bring a copy of your stamped asylum application, or you can prepare an asylum application to submit at the hearing. Showing proof that you are applying for asylum does not stop you from being detained, but it can help you make an argument to the judge that you are ready to continue fighting your case.
If you have any applications pending at USCIS that are not related to asylum (for example, a marriage-based green card application), you can bring a copy of the receipt notice. If you have U.S. citizen children, bring a copy of their birth certificates. These documents do not stop you from being detained, but they can be helpful facts for a judge to consider.
If you are going to a hearing, you can prepare for the possibility of detention. Eat a full meal beforehand and drink plenty of water. If you are detained it could be many hours before you can eat again. Wear comfortable clothes, and bring a sweater or jacket in case the detention facility is cold.
Memorize the phone number of at least one person you trust or write their number on your arm, so that you can call them if you lose access to your phone. Ask them if they can help in case of an emergency, for example help picking children up from school. Make sure they know your full name, A number, and date and country of birth. Make sure they know where to find your important documents. If you have a lawyer, make sure they know how to contact your lawyer. See another organization’s sample emergency plan.
What can I do if the government tries to dismiss my case in immigration court but I want my case to continue?
If the government lawyer asks the judge to dismiss your case, you can ask the judge to reject the government’s request. But please know that it may be difficult to succeed. The chances of success will depend on many factors, including the location of your court and your judge.
If you decide to ask the judge to keep your case in immigration court, it may be helpful to share the following information, if it applies in your case:
You can tell the judge if you are afraid to return to your country of origin. You can tell the judge what danger you will experience if you are deported to that country.
You can tell the judge if you have applied for asylum or if you plan to apply. You can tell the judge if you are worried you will not be able to continue seeking asylum if your case is dismissed and you are detained.
You can tell the judge if you have people in the U.S. who depend on you, especially children or U.S. citizen relatives. You can tell the judge if your detention would separate your family or leave your children or U.S. citizen relatives without care.
You can ask the judge for more time to look for a lawyer, if you do not have a lawyer.
You can tell the judge if you need more time to respond to the government’s request, especially if you were not told about the government’s request before your hearing.
You can ask the judge to require the government to submit their request to dismiss in writing, if this would help you to understand the reasons for the request and be able to respond.
The judge will then decide whether to dismiss your case, let your case continue, or give you more time.
If the judge dismisses your case, ICE agents are likely to detain you after you leave the courtroom.
If the judge decides to let your case continue, you should be scheduled for another hearing. Make sure to get a copy of your next hearing notice before you leave the courtroom. If ICE agents still try to detain you, you can tell them your case was NOT dismissed and show them your hearing notice. It is possible that this will prevent them from detaining you. But even if your immigration court case is continuing, you can still be detained.
Learn more about immigration detention.
What is “expedited removal”?
Expedited removal is a way for the government to deport some immigrants more quickly. Immigrants can be put in the expedited removal process right after they arrive in the U.S., or if their case is dismissed. People are almost always detained during the expedited removal process.
The government has said that they can put someone into expedited removal if they entered the U.S. without a visa AND they have been in the U.S. for less than 2 years.
The government has also said that they can put someone into expedited removal even if they have been in the United States for longer than two years if: (1) they entered without a visa, (2) encountered immigration officials within fourteen days of arriving in the U.S., and (3) the encounter happened within one hundred miles of the border. This generally includes people who entered the U.S. through CBP One or another type of parole.
When someone who is in the expedited removal process tells the government that they are afraid to return to their country of origin, the government is supposed to give them a Credible or Reasonable Fear Interview. Immigration officials will likely not ask you if you are scared, so you can tell as many officials as possible as many times as you can. You can read more about the Credible or Reasonable Fear Interview process here, which includes this guide and this video. A Credible or Reasonable Fear Interview is different from a normal asylum interview with USCIS.
If you pass this type of interview, you are supposed to get out of expedited removal and have a chance to apply for asylum and other forms of protection in immigration court. But even if you pass a Credible or Reasonable Fear Interview, you can still be detained while you continue to apply for asylum.
Are any organizations challenging this?
The government is using expedited removal more than before, but immigration organizations are fighting back in two different lawsuits. You can read about the lawsuits here and here.
ASAP aims to provide factual information about current immigration laws. This information is not legal advice.