The immigrants thought it was a routine court hearing. Rather, it was a deportation trap.
The government lawyer knew what was coming when she was inside a courtroom and texted an Immigration and Customs Enforcement agent waiting in a hallway a few feet away.
“I can’t do this,” the lawyer said in a text message while looking at her case file. “This is a new emotional burden.”
“I understand,” the agent responded. “I hope we meet again in a better situation.”
Nearby, a Cuban who had lived in the United States for years stepped out of an elevator and entered the courtroom where the government lawyer was waiting for what the man thought was a routine hearing.
The man was doing what the law required and brought with him his wife, a legal resident, and their 7-month-old baby.
The attorney then quickly requested that the man’s asylum claim be dismissed and a judge agreed, making the man eligible for “expedited removal.” Upon leaving the courtroom, the man was surrounded by plainclothes immigration agents who had been watching him. A struggle ensued and the wife’s screams could be heard from the hallway as the attorney moved on to the next case.
The agent responded four minutes later: “I got it.”
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Similar scenes of courthouse arrests, part of a revamp of immigration courts under President Donald Trump, are playing out across the United States as his call for mass deportations of immigrants is carried out with unusually aggressive tactics.
Trump’s promise during his 2024 campaign to impose hardline immigration policies was one of the main reasons he won a second term. Now that Americans have seen how his plan is being implemented, there are signs that many think it has gone too far. About 57% of adults disapprove of Trump’s handling of immigration, according to a poll conducted this month by The News-NORC Center for Public Affairs Research.
For several months, News reporters observed immigration court proceedings in 21 cities. The hearings repeatedly ended with cases dismissed by the government, allowing plainclothes federal agents to make arrests in courthouse hallways in close coordination with Department of Homeland Security lawyers.
The News obtained screenshots of text messages from a government official who feared retaliation and provided them on condition of anonymity. The messages offer a rare look at how the nation’s 75 immigration courts are issuing assembly-line rulings and how, for many people, the courts have become deportation traps.
In a court system with a backlog of around 3.8 million asylum cases, families have been torn apart and lives turned upside down. Due process is apparently an afterthought.
“When Americans imagine a courtroom, there are some fundamental expectations” of justice, dignity and fairness, said Ashley Tabaddor, a former immigration judge in Los Angeles and former president of the National Association of Immigration Judges.
“That’s what constitutes a court, not a courtroom with a bench or a person in a robe,” he said. “But what we have here is a completely upside-down vision.”
In the past nine months, the Trump administration has fired nearly 90 immigration judges seen by Trump allies as too lenient, ordered masked agents to handcuff immigrants in closed-door asylum hearings and sent memos instructing judges to fall in line.
Unlike federal courts, where there are strict rules of procedure and judges have life tenure, the Justice Department runs the immigration courts and the attorney general can fire judges with fewer restrictions.
Nine current officials spoke on condition of anonymity for fear of retaliation. Most expressed deep doubts about punishing people who had followed the rules and showed up for court hearings.
“As a government lawyer, my duty is to uphold the law and protect the public interest, not to ensure default results of removal or detention,” one government lawyer wrote to the American Bar Association seeking professional guidance.
But that’s not how cases usually play out.
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Courthouse arrests are coordinated days in advance to meet quotas without regard to the details of a case, according to several U.S. officials.
According to one official, Homeland Security lawyers note on a spreadsheet which cases are “susceptible” to dismissal, allowing an asylum seeker to be immediately rearrested and placed in expedited removal proceedings. Most of those detained are men without lawyers who entered the United States alone and are expected to appear in court in person. Contrary to Trump’s claims that he is targeting “the worst of the worst,” most do not have a criminal conviction, according to a Cato Institute analysis of ICE data.
ICE reviews the spreadsheet and selects which people it wants to pursue if the cases are dismissed. On the hearing date, federal agents communicate directly with DHS attorneys, who act as prosecutors in immigration courts. The attorney often provides almost word-for-word updates on the proceedings via text message to agents waiting outside the courtroom.
“Black shirt? Let me know if the judge dismissed it,” an ICE agent texted during a hearing.
Lack of independence limits the authority of the immigration court
Almost from the beginning, immigration courts were plagued by a lack of resources, authority, and judicial independence.
The courts were established in 1952, but it was not until 1973 that “special investigation officers” were given the title “judge” and allowed to wear judicial robes. The Executive Office for Immigration Review, or EOIR, was created in 1983. But that agency remained part of the Justice Department, giving the attorney general authority to overrule decisions.
“We were a legal Cinderella,” said Dana Leigh Marks, who retired as an immigration judge in 2021 after a 34-year career. “No other court in the country works like this.”
The first Trump administration undertook a series of changes to reduce the backlog of cases, including directing judges to deny entire categories of asylum claims, such as those from gang or domestic violence victims.
He also created a dashboard that would become the bane of many judges: red, yellow and green indicators measure each judge’s performance on goals ranging from cases completed (a minimum of 700 a year, regardless of complexity) to how many custody cases were decided in their first hearings.
To meet the metrics, judges must review files, sometimes spending just a few minutes evaluating asylum seekers’ claims.
“It’s like deciding death penalty cases in traffic court,” Marks said.
Administration refers to immigration judges as “inferior officers”
When Trump returned to the White House in January, his allies took aim squarely at the court.
Since then, the Justice Department has issued 52 policy memoranda – more than in the previous six years combined – facilitating the hiring and firing of judges and warning against pro-immigrant bias.
The memos highlight the weakened status of the courts by referring to judges as “inferior officials,” a rarely used term borrowed from the Constitution.
In early September, Defense Secretary Pete Hegseth said he would lend 600 military lawyers to immigration courts, about the same number of judges as there are currently. The goal, according to the administration, is to more effectively reduce the caseload by expanding the pool of potential judges to include people who already have knowledge of administrative law. But many immigrant advocates are concerned that the incoming judges lack the experience necessary to decide asylum cases.
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“It makes as much sense as having a cardiologist perform a hip replacement,” said Ben Johnson, executive director of the American Immigration Lawyers Association.
The administration has rejected criticism that it is co-opting the courts to accelerate its deportation goals. In a statement, Justice Department spokeswoman Natalie Baldassarre said DHS decides whether to arrest immigrants and that most judges consider it an “honor rather than an insult” to be called an inferior officer empowered by the Constitution and serving at the will of the attorney general.
Baldassarre compared a record surge in asylum seekers during the Biden administration to an “inappropriate conspiracy between DHS and the Immigration Courts to effect an illegal amnesty for hundreds of thousands of illegal aliens.” The Justice Department, he said, had “restored the integrity, impartiality and independence of the courts.”
DHS did not respond to repeated email and phone requests for comment.
Government lawyers fear harassment, dogged by arrests
For some inside the courts, the job has become a stressful and lonely routine. Fear prevails. Resumes are being updated.
A DHS attorney described being haunted at night by the sound of the shackles of immigrants the attorney helped arrest. The lawyer joined the government after the September 11, 2001, attacks, believing that protecting America’s borders was a patriotic duty.
The lawyer still keeps in his hands a signed copy of the memoirs “The Night” by Nobel Prize winner Elie Wiesel, which was given to him at a work seminar. “Think higher, feel deeper,” reads the author’s inscription on the book, which is marked as a DHS “Training Material.”
Today, his message torments.
“This is not what any of us signed up for,” the attorney said.
PETER ZAY via Getty Images
After a turbulent summer, the courts are starting to look lonely, too. As word spread that a trap had been laid, many immigrants, fearing arrest, ask to appear online or skip hearings altogether.
Meanwhile, ambitious managers are publicly rebuking those who raise questions about the legality of locking up immigrants without criminal records in overcrowded facilities. At a recent public meeting with DHS chief legal counsel Charles Wall, several attorneys complained about pressure, confusing orders and a lack of resources, according to meeting notes shared with the AP.
Wall said the pace is likely to continue for years, according to the notes. When a federal employee asked about bringing firearms to work for fear of being harassed by activists inside the courthouse, Wall said judges should not hesitate to expel the public. Wall could not be reached for comment.
‘I want to return to my country’
The harsh tactics have had an effect the administration desires: Voluntary departures of migrants have skyrocketed, and more than 14,000 people sought court permission to self-deport in the first eight months of 2025, according to federal data collected by Mobile Pathways, a San Francisco-based nonprofit that promotes transparency in immigration procedures. That’s more than the previous five years combined. The figure is almost certainly insufficient because most migrants do not withdraw their asylum application before self-deporting.
In the immigration court in Tacoma, Washington, the detainees presented the same plea one after another.
“I want to return to my country,” a Venezuelan told Judge Theresa Scala.
“I want to leave the country,” said a man from Mexico.
Immigrants know what they face: detention centers with ominous names – “Alligator Alcatraz,” “Louisiana Lockup” and “Speedway Slammer” – as well as workplace raids and neighborhood raids.
Fired judges considered too liberal
Tania Nemer believes she was made to be a judge. From the immigration court in Cleveland, he prided himself on listening carefully to each person’s asylum request.
“There’s a simplicity that I loved,” he told the AP. “If you can deliver justice efficiently, you can really help a lot of people.”
The decision to apply to become an immigration judge in 2023 was deeply personal. His father fled the turmoil in Lebanon and arrived in Ohio at age 16 with six dollars in his pocket. He washed cars, learned English, and eventually opened an eponymous bar, Manny’s Pub, which allowed him to support his family. When Nemer got married, her wedding gift was unspent dollar bills, so she would never forget her roots.
But Nemer’s affection for the law collapsed on February 5. In the middle of a hearing, her supervisor opened the door to her crowded courtroom and told her she had to come with him.
“As soon as he said, ‘Take your ID,’ I knew they were going to fire me,” he said.
Still in shock, she was handed a two-paragraph letter, digitally signed by Sirce Owen, acting director of the Executive Office for Immigration Review. He said she was being removed because the agency “has determined that retaining you is not appropriate and we thank you for your service.”
No justification was given. But she thinks she knows some of the reasons: her Arabic-sounding name, a history of prior immigrant representation and diversity, equity and inclusion, or DEI, coursework from Cornell University. She filed a discrimination complaint with the Department of Justice to find out why she was fired; The complaint was dismissed.
Nemer was the first judge fired after Trump returned to the White House. But 86 have since been fired. Dozens more accepted the Department of Government Efficiency’s offer to resign.
Most were hired under Democratic President Joe Biden and are still serving two-year probationary terms, according to a list of fired judges obtained by the AP.
It is not clear who ordered the layoffs or how they were selected. But those expelled were granted asylum at notably higher rates than their peers: in about half of all cases since August 2023, compared to 34% nationally, according to Mobile Pathways.
Among those purged were the 10 who appeared on the DHS Bureaucrat Watch List, a website created last year with funding from The Heritage Foundation, whose Project 2025 was a model for the Trump administration’s policies and personnel decisions.
The list includes names, Facebook photos, salaries and campaign donations of what it calls “America’s most subversive immigration bureaucrats.” One of the targets was Emmett Soper, a judge from Northern Virginia who worked at EOIR headquarters during the Biden administration.
“As soon as I saw that, I knew the rules were changing, that I was under a kind of microscope that didn’t exist before,” he said.
Tom Jones, the website’s conservative creator, declined to be interviewed.
Baldassarre, the Justice Department spokeswoman, said the department does not aim to fire specific individuals, but does continually evaluate all judges.
“All judges have a legal, ethical and professional obligation to be impartial and neutral when judging cases,” Baldassarre said. “If a judge violates that obligation by demonstrating systematic bias for or against either party, EOIR is obligated to take action to preserve the integrity of its system.”
via News
The wave of layoffs and new directives from the Justice Department has had a chilling effect. Denials of motions to appear for online hearings tripled after a March memo repealing Biden-era guidelines directing judges to generally grant such requests, according to data from Mobile Pathways. Denials of adjournments, which allow immigrants more time to seek legal assistance, have also increased, as has the number of cases classified as abandoned.
Nemer returned to immigration court in October for the first time since she was fired to represent a Mexican client she has known for 20 years who was detained by unidentified agents. While the man was incarcerated, his girlfriend, who was five months pregnant, had an abortion.
News of the former judge’s return spread quickly, and a flood of former colleagues flocked to the courtroom to hug her and express their dismay at her dismissal.
“At the third hug I couldn’t contain it and I started crying,” she said.
Legal aid for immigrants dries up after Trump budget cuts
Insect repellent, sunscreen, fans and umbrellas compete with legal binders in the bed of a Toyota pickup truck outside the immigration court in San Antonio.
This is the new American Gateways office.
In April, the administration eliminated $30 million worth of programs to provide free legal assistance to immigrants, the vast majority of whom represent themselves in court.
But the American Gateways lawyers still come, four times a week, and set up shop in a parking lot. The conference room they once occupied inside the courthouse is now used as a break room for ICE agents.
Assistance ranges from helping immigrants file motions to rehearsing what they will say in front of judges. When they can, they sign people up for virtual appearances to minimize the risk of arrest.
Migrants rush to federal court to ask for release from detention
The destruction of the immigration court has brought immigrants to a place where standards of judicial independence are upheld: the federal court.
Since May 15, when the courthouse raids began, immigrants have filed more than 3,000 habeas corpus petitions (to determine whether someone is in legal custody) seeking their release.
The avalanche of claims threatens to clog the already crowded federal docket, which has little authority in immigration cases.
“The administration is trying to press the accelerator at such an unreasonable speed without considering due process,” said Annelise Araujo, a Boston-based immigration attorney.
One petition, filed in Miami, was from a Cuban detained the same day he, his American wife and their 10-month-old daughter moved into their first home. Several petitioners said they had survived torture at the hands of gangs in Mexico, Ecuador and Venezuela.
Another legal challenge was brought by an HIV-positive Brazilian man detained four days after his husband died of a heart attack. With the body of Frederico Abreu’s husband still in the funeral home, ICE officials knocked on his door indicating that they had documents belonging to the deceased.
A father was separated from his sobbing family
Those who cannot afford a lawyer to sue in federal court have little recourse.
One of them was a man from Honduras who showed up in Northern Virginia immigration court with his wife and baby. Another child, a son, unable to walk, pushed himself in a wheelchair filled with flashing colored lights. The family, fearful of new immigration problems, did not want to be identified.
The judge denied a government request to deport the man. But seconds later, as the family left the courtroom, they were detained by four ICE agents.
The wife sobbed, hanging on her husband’s arm as she begged, “Please, Please.”
The husband clung to the sleeping baby’s carrier. His son was sitting playing with a cell phone.
“I need you to go ahead and say goodbye,” an officer told the man. Crying, the man knelt down to hug his son, who clung to his father, repeatedly shouting, “Dad! Dad!”
Finally, the father managed to get away and began to leave with the ICE officers.
The boy tried to chase them. But the ICE agent was holding the back of the wheelchair while the boy waved his arms uselessly.
The Department of Homeland Security confirmed his arrest in July. The family said he was later deported. Homeland Security said he voluntarily agreed to leave the country and returned to Honduras on October 8 after three months of detention.
―-
Goodman reported from Cleveland and Sullivan from Minneapolis; AP reporters who contributed are: Cedar Attanasio in New York; Martha Bellisle in Seattle and Tacoma, Washington; Jacques Billeaud in Phoenix; Kate Brumback in Atlanta; Eric Gay in San Antonio, Texas; Valerie González in Harlingen, Texas; Aaron Kessler in Washington; Gisela Salomón in Miami; Rebecca Santana in Annandale and Sterling, Virginia; Lea Skene in Baltimore; Hannah Schoenbaum in Salt Lake City; Colleen Slevin in Denver; Elliot Spagat in San Diego; Sophia Tareen in Chicago and Indianapolis; Amy Taxin in Sa nta Ana, California; Julie Watson in San Diego.
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Huff silver poster 🤍
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Gold
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- Say goodbye to annoying video interruptions while reading. No more autoplay videos.
Huff Platinum Poster 🏆
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- Early access to new features
- Platinum Club Focus Group Membership
News themezone Support
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