Immigration Law Firm Serving Colorado Springs

The frequent arrest of immigrants inside immigration courthouses has become the subject of a major investigation. What, until a few months ago, were simply routine hearings have now become a source of fear for thousands of immigrants who are required to appear before these courts. It is increasingly evident that immigrants enter asylum hearings, have their cases dismissed, and upon exiting the courtroom are met by ICE or federal agents waiting to arrest them and begin the deportation process. A current investigation conducted by the Associated Press, titled “Migrants thought they were in court for a routine hearing. Instead, it was a deportation trap,” reveals the extent of this troubling pattern. Josh Goodman, a member of the investigative team, spoke to PBS News and stated that they have closely documented these procedures. “Nationwide, it’s estimated that there have been more than 2,000 arrests carried out this way. Some courthouses were quite chaotic, arresting people in the hallways. People were trapped in elevators. Journalists were mistreated. There were scenes of parents being separated from their children, and women pleading with federal agents to let their husbands go.” Goodman added: “What we’ve seen now under the second Trump administration is that they are effectively exploiting those vulnerabilities, issuing new directives about what judges can and cannot decide. And they are drastically limiting the discretion these judges have to rule on cases.” In a report published by AP News, journalists Martha Bellisle, Claire Rush, and Kate Brumback collaborated to provide a rare and comprehensive account of the large-scale arrests taking place in immigration courts across the country. Bellisle, based in Seattle, and Brumback, in Atlanta, spent weeks attending immigration court hearings, looking for patterns and untold stories. What they discovered was alarming: immigrants were being arrested immediately after the government dismissed their deportation cases — in effect luring them into court only to detain them as they walked out. The journalists describe multiple cases involving immigrants from countries such as Mexico, Venezuela, and Haiti — individuals who said their lives would be in danger if they returned home — yet their cases were dismissed and they were arrested by federal agents right after leaving the courtroom. In Summary These investigations show that immigration courts, which operate under the authority of the federal government, may be functioning more like detention sites than impartial judicial venues. Thousands of people — including asylum seekers, migrant families, and individuals with minor offenses — may be being trapped by a system that, according to AP, uses the courts to facilitate deportations without fair process. The practice raises serious concerns about fundamental principles of the justice system: access to legal representation, genuine hearings, transparency, and human dignity. If you have a pending asylum hearing or need advice regarding any immigration matter, do not hesitate to contact us at 719-602-5577.

In a significant shift in the Trump administration’s immigration policy, the Department of Justice (DOJ) has announced that temporary immigration judges will no longer be required to have experience in immigration law. This new rule, published on August 28 in the Federal Register, comes in response to the growing backlog in immigration courts, which now exceeds 3.7 million pending cases. The Executive Office for Immigration Review (EOIR), which oversees immigration courts, will now allow the selection of temporary judges without prior experience in immigration law, provided they receive approval from the Attorney General. According to the DOJ, this change aims to address the severe delay in immigration cases by expanding the pool of potential candidates for the courts. Previously, temporary judges were required to be former immigration judges, administrative law judges, or attorneys with at least ten years of experience in immigration law. Among the justifications cited in the announcement, it states that: "Experience in immigration law is not always a reliable indicator of success as an immigration judge, and the EOIR has hired individuals from other federal agencies and departments without prior immigration experience who have been successful and have become role models," the notice reads. The announcement comes after more than 100 immigration judges were dismissed or reassigned in early 2025, significantly reducing the number of permanent judges. While the Department of Justice maintains that this measure is intended to address the mounting workload, critics and immigrant advocates argue that the policy appears politically motivated, with the goal of accelerating deportation proceedings. Increase in Temporary Judges and Involvement of Military Attorneys In addition to this regulatory change, the Department of Defense (DOD) has approved the deployment of up to 600 military attorneys to serve as temporary immigration judges, effectively doubling the number of immigration judges under the DOJ. These temporary judges have renewable six-month terms and are intended to support—but not replace—permanent judges. However, this shift has raised concerns about the politicization of immigration courts. Temporary judges, including military attorneys, could be more vulnerable to political pressure, given that their appointments depend on continued approval from the administration. This type of structure could compromise the impartiality of the courts and increase perceptions that immigration decisions are more politically driven than based on legal facts. Concerns About Legality and Due Process The recent changes have also drawn legal scrutiny. The assignment of military attorneys to judicial roles may violate the Posse Comitatus Act, which restricts the use of the armed forces in enforcing civilian law. Additionally, some human rights experts worry that temporary judges lacking adequate immigration law experience may not possess the necessary knowledge to ensure due process for migrants. Immigrant advocates warn that this trend could further politicize immigration courts and undermine the rights of immigrants, who are already navigating an extremely overburdened judicial system. As immigration courts increasingly rely on military attorneys and other temporary judges, it becomes even more critical for Congress to enhance oversight of these processes to ensure judicial independence is upheld. Reactions and Future Outlook This policy change has drawn criticism not only from immigrant advocacy groups but also from some of the dismissed immigration judges, who claim the recent decisions were politically motivated and, in some cases, rooted in gender discrimination. The Department of Justice, for its part, insists that the reform is a necessary response to the growing backlog of immigration cases and that it will enable a more efficient immigration justice system. As this new policy takes effect, it is expected that new legal challenges will emerge regarding its legality, particularly concerning the role of military attorneys in immigration courts. Nonetheless, the debate over court independence and access to fair legal proceedings will remain a central issue in the ongoing reform of the U.S. immigration system.

According to sources such as Newbreak, several specific cases have emerged where a judge dismisses the case during the hearing, but ICE officers are waiting outside the courthouse to detain the individual as they leave. Newbreak.com recently reported that at least eight arrests of this kind have taken place in Memphis, with similar cases occurring in other parts of the country as well. One of the most recent known cases involved a 20-year-old Venezuelan student who was arrested by ICE officers after leaving a courtroom in New York. The young man, named Dylan, was in the process of applying for asylum. He attended the hearing with his mother, without a lawyer, believing it was a routine appearance that would have no consequences. In another instance, four asylum seekers were arrested by ICE on May 27, 2025, at the San Francisco Immigration Court while attending hearings to present their asylum applications. According to an article published by La Nación, a New York judge reported that ICE agents have been arresting undocumented immigrants inside state courthouses, despite existing laws that prohibit such practices. These arrests have raised serious concerns among civil rights advocates and immigrant communities, particularly in light of the stricter immigration policies implemented since Donald Trump returned to the presidency in January 2025. Importantly, in most of these cases, the individuals arrested attended their hearings without legal representation. This likely contributes to the effectiveness of these arrests, as ICE may be taking advantage of the detainees’ lack of legal knowledge. While having an attorney present does not guarantee protection from arrest, it is considered a significant advantage. Legal representation can help build a stronger case and present more compelling legal arguments to prevent arbitrary detention. At Pikes Peak Immigration, we continue to fight for the rights of our immigrant communities. If you need legal guidance, don’t hesitate to contact us at 719-602-4477.