ICE Is Detaining Immigrants After Court Dismissals — What You Need to Know Before Your Hearing

Deportation and Removal Defense, ICE Enforcement, Immigration News

Getting your immigration case dismissed might feel like the end of the stress — but it could be just the beginning.

Across the country, more and more immigrants are being detained by ICE immediately after leaving immigration court — even when their case has been closed or dismissed. It’s a growing trend that’s catching people off guard and raising serious concerns about due process and transparency in our immigration system.

If you or a loved one has an upcoming hearing, it’s critical to understand how this works — and how to protect yourself.

Why Is This Happening?

ICE agents arresting an individual and placing them into an unmarked vehicle

(Public domain — via Flickr)

In some jurisdictions, ICE is using case dismissals — particularly those initiated by the government — as opportunities to detain immigrants. Here’s what’s going on:

  • Dismissal ≠ Safety: Many believe that if a case is dismissed, they’re in the clear. That’s no longer always true. A dismissal doesn’t mean ICE can’t act.

  • Prosecutorial Strategy: In some cases, the government chooses to dismiss proceedings to avoid unfavorable rulings — then detains the individual anyway.

  • Surprise Arrests: ICE may coordinate with government attorneys to be present outside immigration courtrooms, especially when a dismissal is expected.

What Should You Do If You Have Court Soon?

1. Don’t Go Alone

Having legal representation can make all the difference. In our client’s case, we were able to immediately respond, file motions, and activate their legal options.

2. Know the Risks

Even if your attorney expects a dismissal, don’t assume you’re safe. Talk through all possible outcomes in advance.

3. Be Prepared

Have a legal plan in place, including emergency contacts, a signed G-28, and power of attorney documents if needed.

Don’t Skip Your Court Date — It Can Make Things Worse

We understand the fear — especially after hearing about ICE waiting outside the courtroom. But missing your hearing can lead to an automatic order of removal, which can hurt your chances of staying in the U.S. long term.

If you’re afraid to attend court, talk to a lawyer first.
We can help you understand the risks, prepare a safety plan, and make sure you’re not facing this alone.

How We Can Help

Cardenas Law Firm LLC has firsthand experience dealing with this type of ICE action. If you’re worried about a hearing or a possible dismissal, we’ll help you:

  • Understand your full legal status

  • Prepare for every possible outcome — including detention

  • Fight for your release and protect your rights from day one

Your Future is Our Mission™

How We Can Help

With over 34 years of experience, we are here to assist you with all your immigration needs. Our team is ready to offer you the dedicated representation you deserve. We can help guide you through the steps needed to navigate this complex process, let us provide the knowledge and support necessary to secure your family’s future.

Call us at 305-697-0990 or message us to schedule a consultation today. We are committed to keeping families together and providing the compassionate, professional legal support you need.

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