Agents with U.S. Immigration and Customs Enforcement (ICE) are ramping up activity across the country, as President Donald Trump keeps his word on enforcing mass deportations.
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Sign up for our NewslettersUndocumented residents who spoke with KCRA 3 have emphasized how the increased ICE presence, including immigration courts , is fueling fear and anxiety in an already vulnerable community.
Who is being arrested by ICE in immigration courts?
Following a January 2025 policy, ICE is now targeting courthouses as part of the agency's latest strategy to meet its 3,000-person daily arrest quota.
And it targets a specific group.
"The only immigrants who are subject to that kind of arrest and removal at immigration court are those that we call 'arriving aliens' who have been here less than two years, who were been granted humanitarian parole or some kind of parole to come into the United States to then apply for asylum," said Hugo Vera, an immigration attorney in Sacramento.
ICE agents will ask an immigration judge to dismiss a case. Once the judge approves the dismissal, ICE agents are typically outside the courthouse to arrest and deport an individual under an "expedited removal" process.
Under expedited removal, a person isn’t allowed to see an immigration judge and is immediately processed and put on a plane or bus to be deported.
However, if these individuals have a valid, credible fear claim, then ICE is not permitted to deport them immediately, and they will continue in immigration proceedings.
Can I contest my case being dismissed?
Yes, you can make an argument to the judge so that you can explain your case. If the judge dismisses your case, you have the right to appeal. If you are arrested after leaving court, request a credible fear interview. If you pass the interview, your case will return to the court process and will not be expedited for deportation.
Should I go to my immigration court hearing?
Despite growing fear, immigration attorneys warn against failing to attend a scheduled court hearing, as this could result in a removal order called an “in absentia” deportation order.
Your attorney should be able to tell you if you are subject to expedited removal.
Should I attend an immigration court hearing alone?
Having an immigration attorney or an advocate who has some knowledge about the process accompany you can help you feel more at ease.
NorCal Resist is providing resources for individuals with concerns about the recent ICE detentions. They can call the Sacramento Rapid Response hotline and ask to be accompanied by a volunteer .
If you're concerned about potentially encountering federal immigration authorities, it's advisable to carry certain documents that can help establish your identity and immigration status. Here are some key documents you might consider carrying:
Anyone who is a non-citizen is required by law to carry a copy of their identification, such as a green card, visa, or work permit.
If you're a U.S. citizen, you can show a passport, Real ID, or any other valid U.S. identification.
If you don't have legal status, you have the right to remain silent, and you don’t have to answer any questions to any law enforcement agent.
"In order to be arrested, there has to be probable cause for the arrest, and that still applies to immigrants, so the best advice is to be calm, don't run, don't panic, and don't act suspicious," Vera adds.
You can request to speak to an immigration attorney or an immigration judge.
Can federal immigration authorities go into my workplace?
The ability of ICE to arrest someone on public property or private property differs.
ICE is permitted to enter public property and question individuals, but it is not the responsibility of immigrants to answer those questions. In locations such as restaurants or stores, ICE agents are allowed to enter, but they cannot enter private areas without a warrant – this includes break rooms, kitchens, and backrooms.
If ICE enters a place of employment that is private property, such as an agricultural field or a factory, they require permission to be there or a judicial warrant.
A judicial warrant is a legal document issued by a judge or magistrate that authorizes a specified action to be taken by law enforcement or other authorized individuals. This can include search warrants, which permit the search of a specific location for evidence of a crime, and arrest warrants, which allow law enforcement to apprehend and detain an individual suspected of a crime.
A judicial warrant is a written order issued by a court and signed by a judge that allows agents to take specific actions. Judicial warrants are essential for protecting an individual's rights and ensuring due process.
ICE is required to have a judicial warrant when looking for an individual or a group of people and must show evidence that they’ve committed an immigration violation.
ICE agents often carry warrants signed by a supervisor. These are NOT the same as judicial warrants.
Should I carry foreign documents with me?
"Immigration attorneys and experts are advising clients not to carry any documents from their country of origin, foreign passport, or consular ID for those who are undocumented," added Sacramento-area immigration attorney Brian López.
López attributes this to encounters with immigration officials who have searched personal belongings and property, and where foreign documentation can give ICE a false impression that the person doesn't have legal status in the U.S.
Am I at risk for deportation if I'm a permanent resident?
Permanent residents risk being placed in removal proceedings if they have had a conviction at some point in the past five years or longer, depending on the severity.
How should my family prepare?
A relationship with an attorney is preferred, but you can prepare all your documentation. If you're planning on leaving your children under the care of a family member, you can have a guardianship letter prepared for the children or a power of attorney. The latter allows a parent to designate someone to make decisions on their behalf.
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