How the Trump admin uses courthouse dismissals to fast-track deportations

In recent months, the Trump administration has devised an immigration enforcement strategy in which government attorneys seek case dismissals in immigration court, only for ICE agents to arrest migrants immediately at the courthouse to place them in expedited removal proceedings.

How it works: Government lawyers ask immigration judges to dismiss ongoing cases citing “changed circumstances,” while ICE officers wait nearby to arrest migrants as they leave the courtroom. A May 30 Justice Department memo seen by NBC News instructs judges to process these oral dismissal requests during the same hearing, eliminating the traditional 10-day response period immigrants previously had.

After dismissal, individuals are placed in expedited removal proceedings that allow for quick deportation, unlike standard immigration cases that often take years to complete. This strategy affects people who entered unlawfully as well as those admitted legally through humanitarian programs.

State of play: Federal courts have begun restricting this enforcement strategy. On Aug. 2, U.S. District Judge Jia Cobb issued a temporary restraining order blocking expedited removal for migrants who entered legally through humanitarian parole programs, ruling these individuals had “played by the rules.”

Immigration law experts argue the Justice Department memo violates federal statute by omitting required language about individual case circumstances, with civil rights groups filing a class-action lawsuit last month to halt the courthouse arrest policy. However, DHS Assistant Secretary Tricia McLaughlin defends the strategy, saying it reverses “Biden’s catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets.”

The big picture: While the administration remains set in its immigration crackdown, public support for mass deportations appears to have declined. A July CBS News/YouGov poll shows 56% of Americans believe the operations target mostly nonviolent individuals, while 54% consider the approach too aggressive. These courthouse arrests could particularly affect Democratic-controlled cities where Trump has ordered increased enforcement, impacting areas with large Asian American populations.

The Justice Department is expected to appeal Cobb’s ruling.