• ICE has shifted tactics to target migrants leaving courtrooms, focusing on those in the U.S. for less than two years.
  • The agency is leveraging expedited removals and case dismissals to fast-track deportations, reversing prior policies.
  • Critics argue the approach undermines due process and creates chaos in immigration courts.

A New Enforcement Playbook

Immigration and Customs Enforcement (ICE) has rolled out a controversial nationwide operation, arresting migrants immediately after asylum hearings—particularly those without legal representation who have been in the country for under two years. The strategy, which began in mid-May 2025, marks a stark departure from previous enforcement methods, relying heavily on expedited removals to bypass traditional immigration court proceedings.

According to sources familiar with the matter, ICE attorneys have been systematically requesting judges to dismiss cases for vulnerable migrants, only for agents to detain them outside courthouses. "This is a bait-and-switch tactic," one immigration attorney said, speaking on condition of anonymity. "It discourages compliance with the legal process altogether."

Policy Reversal and Legal Pushback

The Department of Homeland Security has framed the move as a correction to prior administrations' "catch-and-release" policies. A DHS spokesperson emphasized the administration's commitment to "implementing the rule of law," but the approach has faced sharp criticism. Judges reportedly cooperating with case dismissals have raised eyebrows, while advocates highlight the lack of detailed warrants and the 48-hour blackout period where detainees' locations are undisclosed.

Meanwhile, ICE remains constrained by a March 2025 court order limiting operations near certain places of worship, and its Probable Enforcement Response Center (PERC) can now only issue Requests for Notification of Release in specific cases—a nuance complicating broader enforcement efforts.

Market and Legal Implications

The policy shift has already disrupted immigration courts, with attorneys reporting confusion and families left in limbo. If sustained, experts warn it could deter migrants from attending hearings altogether, potentially overwhelming already backlogged systems. The debate over ICE's jurisdictional reach—and its right to "safely operate," as underscored by commentators like HEGSETH—is likely to intensify as legal challenges mount.