A quiet courthouse hallway. A migrant waiting for a verdict. A pair of plainclothes agents standing near the exit. Then — an arrest.
This scenario is becoming increasingly common across the United States as Immigration and Customs Enforcement (ICE), under the Trump administration, implements a bold new strategy targeting undocumented migrants immediately after their asylum hearings.
The tactic, part of a broader plan by the Department of Homeland Security (DHS), aims to sidestep lengthy court battles by pushing migrants into expedited removal proceedings — allowing ICE to deport them quickly and without a hearing before an immigration judge. Critics say the move exploits legal technicalities and undermines due process.
“This administration is once again implementing the rule of law,” said a DHS spokesperson, who confirmed that migrants who entered the U.S. within the past two years are now eligible for immediate deportation under this approach.

The move marks a stark departure from the Biden-era policies, which emphasized legal protections and humanitarian concerns. Under President Trump and DHS Secretary Kristi Noem, the strategy has been cast as a necessary correction to what they call “Biden’s catch-and-release failure” — a policy they claim allowed millions of undocumented individuals to remain in the country unchecked.
Videos posted to social media already show migrants being arrested at courthouses from New York to New Hampshire. One particularly viral clip captured federal agents tackling a Venezuelan man inside a New Hampshire courthouse elevator after a failed attempt at a quieter arrest.
Federal officials say these arrests are aimed at migrants who have overstayed their visas or failed their credible fear interviews. However, legal experts and immigration advocates are sounding the alarm over the tactics.
“This isn’t just about going after criminals,” said Kate Lincoln-Goldfinch, an immigration attorney based in Texas. “ICE is targeting people who are doing everything by the book — attending their hearings, complying with legal processes — only to be ambushed as they leave the courtroom.”

Lincoln-Goldfinch warned that ICE attorneys are now routinely requesting judges to dismiss cases, effectively removing the legal shield migrants have during court proceedings. Once dismissed, migrants become vulnerable to immediate arrest and deportation, regardless of their prior cooperation with authorities.
“They tell the judge, ‘We no longer want to pursue this case,’” she explained. “And unless the immigrant objects or understands what’s happening — and many don’t — the case is dismissed. They walk out thinking they’ve won. Instead, ICE is waiting to detain them.”
The new enforcement plan is part of a wider effort by the Trump administration to ramp up immigration crackdowns. In just the first half of 2025, ICE reported over 158,000 arrests — a dramatic increase compared to the same period under President Biden. Of those, DHS claims 75% involved migrants with criminal convictions or pending charges.
But the remaining 25% — including families and individuals with no criminal records — have drawn intense criticism from civil rights groups and lawmakers who argue that the policy punishes the very people trying to follow the system.

“Detaining people at courthouses is a deliberate intimidation tactic,” said one New York-based advocacy group in a statement. “It sends the message: even if you do everything right, the system will still betray you.”
Supporters of the policy, however, point to legal precedent and safety concerns.
“President Trump has every right to do this,” said Fox News legal analyst Gregg Jarrett. “It’s legal. It’s efficient. And it helps remove people who never had the right to be here in the first place.”
Jarrett also cited a recent Supreme Court ruling that upheld the President’s authority to end Temporary Protected Status (TPS) for certain migrants, paving the way for accelerated deportations.
Still, the courthouse arrests are fueling fears that asylum seekers will stop showing up to their hearings altogether — fearing they’ll be met not with justice, but with handcuffs.

In one shocking twist, a Wisconsin state judge was recently indicted for allegedly helping an undocumented immigrant evade arrest by leading him through a private courthouse exit. The case has only intensified national debate over who should be protected — and who should be deported.
As the new ICE policy rolls out across the country, the message is clear: under Trump’s second term, immigration enforcement will be swifter, harsher, and far less forgiving.
And for the undocumented men and women walking into courtrooms hoping for a chance to stay — they may now be walking straight into custody.
