Inside immigration courts around the country, immigrants who crossed the border illegally and were caught and released are required to appear before a judge for a preliminary hearing.
But in a new twist, the Trump administration has begun using an unexpected legal tactic in its deportation efforts. Rather than pursue a deportation case, it is convincing judges to dismiss immigrants’ cases — thus depriving the immigrants of protection from arrest and detention — then taking them into custody.
The practice, affecting immigrants released at the border and given a “notice to appear” in court under both the Trump and Biden administrations, sometimes leads to people being quickly deported by Immigration and Customs Enforcement through a process called expedited removal.
Many of the immigrants