Spouse in Immigration Court – What Should I Do?
Since May 2025, U.S. Immigration and Customs Enforcement (ICE) officers have been arresting persons outside many immigration courthouses. If you (or someone you love) has an upcoming hearing, read and share this blog.
Why Is There Police in the Court Hallways?
The government is trying to deport law-abiding persons (not criminals) who show up for their scheduled hearings. In the courtroom, government attorneys ask the judge to close the case. Once the hearing ends, ICE officers – who are often masked — arrest persons when they step into the hallway. Make no mistake; it’s a one-two-three punch. The government attorney and judge BOTH work in the executive branch (the part of the government led by the president). Guess what? ICE officers are also part of the executive branch.
What Happens After ICE Arrests Them?
ICE officers take them into custody and start expedited removal – a faster deportation process that does NOT allow the noncitizen to go in front of a judge. Individuals who entered the United States legally, but whose parole has expired can be arrested this way. The noncitizen could be deported in as little as a day, with no right to appeal, and a five-year ban on returning. Expedited removal does NOT apply to the following persons:
- Anyone who was inspected and admitted to the United States, even if their visa or authorized stay has expired
- People who can prove two or more years of continuous U.S. residence
- Unaccompanied minors under age 18
• Cuban nationals who arrived by airplane
What Can I Do To Help My Spouse?
Prepare a folder of documents for your spouse to carry at all times with copies (not originals) that prove they have lived in the United States for at least two years. This includes dated medical, school, employment records, lease or rental agreements, and mail postmarked more than two years ago.
If your spouse is afraid to return to their home country, they must tell the ICE officer! Practice having your spouse say, “I want a fear-screening interview” or “I fear persecution or torture” or “I am afraid to return to my home country.” Using these words may pause the expedited removal while ICE schedules an appointment known as a “credible fear” interview. Make sure money is available for unexpected expenses; your spouse should go to court with at least $50 cash (in case they are arrested).
What Should My Spouse Do in Court?
If there is no time to hire an attorney before a hearing, your spouse should ask the judge, “Why is the government requesting dismissal of my case?” and “What are the consequences for me if the case is dismissed?” Your spouse should also ask the judge that the government submit the motion in writing, so your spouse has the chance to respond in writing. If arrested, your spouse should refuse to sign anything and remain silent (except for requesting to speak with you).
Let our immigration family help yours. Call 954.385.0157 or Click “For Future Clients” to schedule a chat with our asylum immigration experts.
#ImmigrationAwareness #ICEWatch #CredibleFearInterview #StopDeportation #BlandonLaw #ProtectYourSpouse #LegalDefense #CourtroomArrests #DeportationRisks #ImmigrantRights
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Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
