Know Your Rights: Immigration Court

Jun 27, 2025
Photo of the exterior of a courthouse

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ICE is arresting people at and near the immigration courts in Concord, Sacramento, and San Francisco. Before these arrests, attorneys representing the U.S. Department of Homeland Security often request that immigration judges dismiss ongoing cases. In the past, a dismissal of an immigration case could be a positive development for someone in removal proceedings.

However, ICE is now using dismissals to detain certain people for “expedited removal,” a rapid deportation process that occurs without a judge. Although everyone cannot legally be subjected to expedited removal, individuals should consult with a trusted attorney to understand whether it could apply to them. Under these circumstances, people with an upcoming immigration hearing may worry about attending court. However, if someone misses their hearing, an immigration judge can order them deported in their absence, which may be very difficult to reverse.

Weighing this risk is a serious decision, but you have rights. 

This information is not intended as legal advice. Consult with an attorney if you have specific questions about your situation.

YOUR RIGHTS AND FACTS TO CONSIDER

You have the right to oppose case dismissal.

If the government asks the judge to dismiss your case, especially if you arrived in the U.S. recently without inspection or parole, you could face immediate arrest by ICE and expedited removal.

  • You have the right to object to the dismissal and ask that the government attorney explain the reasons why they wish to dismiss your case. If the government attorney offers no explanation, or says something you do not understand, you can tell the judge you object to the dismissal and want your case to continue.
  • You can also ask for more time to get legal advice, hire an attorney, and/or explain your fear of returning home. You do not have to agree to a dismissal if you don't understand the reasons for the dismissal or if you fear going back to your country.

You have the right to appeal a dismissal.

If the judge dismisses your case, you can appeal to the Board of Immigration Appeals (BIA). An appeal can temporarily stop deportation, but may not prevent detention.

  • During the hearing, if the judge orders your case dismissed, you may "reserve your right to appeal" their decision. This gives you 30 days to decide whether to file an appeal.

You have the right to express fear of returning to your home country to the judge.

You can apply for protection (like asylum) if you fear you’ll be harmed in your home country.

  • If you fear returning to your country, clearly tell the judge your fear of returning to your country. Stating this during your hearing is critical for future protection, even if your case is dismissed.

You have the right to express fear of returning to your home country to ICE if you're arrested.

  • If ICE arrests you, they may try to deport you quickly. If you fear returning to your country, immediately tell every ICE officer you speak with.
  • Stating this fear should lead to a "credible fear interview" for potential protection like asylum. You can decline to sign documents that you do not understand or oppose your deportation and request an interview or hearing to discuss your fear of return.  

You have the right to seek legal counsel.

The government won't provide you a free lawyer in immigration court, but legal help is available.

  • Get legal assistance as soon as possible. Look for pro bono (free) legal services or non-profit organizations that offer low-cost legal help.
  • If you cannot secure a lawyer immediately, it's still crucial to understand what you are signing or agreeing to. Ask for an interpreter if you don't understand English. If you have any fears about returning to your country, make sure to state them clearly on the record before signing anything or making any agreements.

You have the right to bring family members to court, but this may carry risks.

While you have the right to have supporters in court, bringing family members, especially children or undocumented people, carries significant risks due to potential ICE arrests.

  • Seriously weigh the risks. Consider whether your family members could be arrested by ICE, especially if they also have immigration cases or do not have legal status.
  • Plan for their care and safety. If you decide to bring family, ensure you have a trusted person outside the courthouse who can care for them if you are detained.
  • Limit who attends. It may be safer for only essential individuals to attend.

Create an emergency plan.

  • Memorize the numbers of family members and your lawyer.
  • If you have children or caregiving responsibilities, have a plan for them if you're detained. Identify a caregiver in advance and make sure the children’s school and medical information are somewhere easy to find.
  • A trusted person should know about your health needs, including necessary medications.
  • Keep copies of vital documents in a safe place or with someone you trust outside your home.