Immigrants Sue Over Courthouse Arrests and Fast-Track Deportations

Case Overview: A class action lawsuit alleges the DHS and DOJ are using courthouse arrests and fast-track deportation tactics to unlawfully detain noncitizens who show up for immigration court hearings.

Consumers Affected: Immigrants who were detained or had their cases dismissed under the new federal policies.

Court: U.S. District Court for the District of Columbia

A group of immigrants and advocacy organizations has filed a sweeping federal lawsuit against the Department of Homeland Security (DHS) and Department of Justice (DOJ), alleging the agencies are using courthouse arrests and fast-track deportation tactics to unlawfully detain noncitizens who show up for immigration court hearings as required.

The lawsuit claims the federal government has systematically dismantled longstanding protections that shielded immigrants from civil arrest in and around immigration courts. 

Plaintiffs, who include individual immigrants and legal aid organizations, argue that DHS and DOJ have orchestrated a new policy regime designed to dismiss people’s full removal proceedings without notice, then arrest them on the spot and place them into expedited removal, an accelerated deportation process with far fewer rights.

Dismissed Cases And Sudden Arrests

The individual plaintiffs, many of whom say they fled countries like Venezuela, Cuba, and Guinea to escape political persecution or violence, describe being blindsided at court. 

After years waiting for asylum hearings, they argue they were suddenly told their cases had been dismissed, then were arrested by ICE agents in the courthouse or shortly after. Others were detained while awaiting an appeal of a dismissal decision or after receiving permission from a judge to proceed, according to the lawsuit.

They argue that the fallout for families has been devastating. One plaintiff’s arrest left his fiancée, recovering from childbirth, to care for their newborn alone, the lawsuit describes. 

Several individuals are now detained in facilities thousands of miles from their children, spouses, or legal support, and some report being denied access to necessary medical care, including a plaintiff living with HIV who missed days of treatment in detention, the lawsuit claims.

Even those not detained report living in fear of future arrests. One father claims he worries he may be separated from his U.S. citizen child at a future court hearing. Others describe emotional distress and physical harm from being arrested while complying with legal proceedings.

The New Policy Framework

The lawsuit challenges several interlocking policies rolled out beginning in early 2025. First, plaintiffs say the agencies reversed guidance that had long limited ICE courthouse arrests to protect due process. 

Then, according to the complaint, DOJ and DHS began instructing attorneys to move for case dismissals on procedural grounds without providing noncitizens a chance to respond, despite longstanding legal requirements.

The agencies allegedly coordinated these dismissals with planned ICE arrests, giving agents notice in advance to detain individuals at court. Once in custody, many immigrants were placed in expedited removal, a process that offers only a cursory “credible fear” interview and significantly fewer procedural protections than full removal proceedings.

Plaintiffs say this expansion of expedited removal now targets people who have been in the U.S. for more than two years, despite legal limits, and even those still in ongoing legal proceedings. The result, the lawsuit claims, is unlawful double-tracking: people are dismissed from formal court processes while simultaneously pushed through faster deportation channels.

What The Plaintiffs Want

The plaintiffs, both individuals and organizational plaintiffs like the Immigrant Advocates Response Collaborative, are seeking broad injunctive relief. They want the court to halt what they say is an unlawful system of courthouse arrests and fast-track deportations, reinstate dismissed cases, and prevent further deportations or transfers during litigation.

They allege the agencies’ guidance violates the Administrative Procedure Act and the Fifth Amendment’s due process protections. The lawsuit asks the court to vacate new guidance documents issued by DHS, ICE, and DOJ, enjoin further enforcement while the case proceeds, and restore the procedural rights of thousands of immigrants affected by these changes.

Case Details

• Lawsuit: Immigrant Advocates Response Collaborative, et al. v. United States Department of Justice, et al.
• Case Number: 25-cv-2279 
• Court: U.S. District Court for the District of Columbia 

Plaintiffs' Attorneys

• Elena Goldstein, Jeffrey B. Dubner, Joshua M. Salzman, and Simon C. Brewer (Democracy Forward Foundation)
• Keren Zwick, Mark Fleming, Mary Georgevich, and Colleen Cowgill (National Immigrant Justice Center)
• Jordan Wells and Victoria Petty (Lawyers’ Committee for Civil Rights of the San Francisco Bay Area)
• Richard Caldarone (Refugee & Immigrant Center for Legal Education & Services (RAICES)

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