In a striking development shaking immigration courts nationwide, immigrants showing up for routine hearings — known as master calendar dockets — are being arrested by Immigration and Customs Enforcement (ICE) officers immediately after their cases are dismissed. This new approach has sparked national controversy, with incidents reported in Dallas, Los Angeles, Seattle, Miami, Phoenix, and Las Vegas.
At the heart of this issue is a procedural tactic that critics say exploits a legal gray area. Under the Trump administration’s reinstated immigration enforcement policies, once a judge dismisses a case, the immigrant often loses the temporary protections afforded by being in active proceedings. In legal terms, this strips them of what’s known as prosecutorial discretion — effectively removing the protective shield that lets them remain in the country while their case is considered.
🚨 WATCH: Plain clothed ICE agents are swooping in and ARRESTING illegals at the Dallas Courthouse
Leftist attorneys and judges are throwing a fit, saying “everybody be on edge.”
80 MILLION Americans voted for this! 🇺🇸🔥pic.twitter.com/eIXrjMptMx
— Nick Sortor (@nicksortor) June 2, 2025
Immigration attorney Haim Vasquez from Dallas called the move an “abuse of due process.” He explained that while the arrests may technically comply with immigration statutes, they undermine the spirit of the law — the idea that immigrants should have a fair opportunity to present their case.
“It is an erosion of the judicial process and system in this country,” said Vasquez. “If a person is allowed to enter the U.S. to fight an immigration case, they should be allowed to see it through.”
This process appears to be part of a coordinated enforcement shift following guidance from the Board of Immigration Appeals (BIA), specifically targeting individuals labeled as “arriving aliens” — those who recently crossed into the U.S. without authorization and are now in expedited removal proceedings.
The Department of Homeland Security (DHS) released a statement defending the arrests as a necessary correction to what it calls the Biden administration’s lax enforcement:
“Secretary Noem is reversing Biden’s catch and release policy… ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.”
DHS emphasized that individuals with valid asylum or credible fear claims would still be processed under normal immigration protocols. However, those without such claims will face swift deportation.
This change signals a return to a more aggressive use of expedited removal, a legal tool that allows the government to deport certain individuals without a formal hearing before a judge.
Paul Hunker, a former ICE chief counsel in Dallas, labeled the new strategy “unprecedented.”
“The Department is taking people out of removal proceedings, many of whom have pending relief applications, and expeditiously removing them,” Hunker said.
The fact that DHS is working in tandem with ICE attorneys and immigration judges to programmatically dismiss these cases has raised eyebrows. Critics argue that this strips immigrants of their chance to seek relief — whether asylum, cancellation of removal, or other forms of protection — especially those with strong humanitarian or family-based cases.
