In a controversial escalation of immigration enforcement, U.S. Immigration and Customs Enforcement (ICE) agents have begun detaining individuals inside immigration court facilities across several states. The practice, which resumed quietly earlier this month, has alarmed immigrant rights advocates and sparked renewed legal and political debate.
According to multiple reports confirmed by ICE officials, plainclothes agents have been observed waiting in court hallways to apprehend undocumented immigrants immediately after their hearings—sometimes before they can consult with legal counsel or exit the building.
This enforcement shift appears to reflect directives from President Donald Trump’s administration to increase visible and direct immigration actions as part of a broader “mass arrest pledge” outlined in recent speeches and executive guidance.
The American Civil Liberties Union (ACLU) and other advocacy groups condemned the tactic as “intimidating and legally questionable.” Critics argue it undermines due process and discourages immigrants from appearing in court, even when they are pursuing legal residency or asylum.
According to the National Immigration Law Center, “courthouses must remain places of justice, not traps.” The organization described the new ICE practice as a targeted effort to erode faith in the legal system among vulnerable communities.
In response, ICE defended the move as a matter of public safety, stating that agents are operating within federal jurisdiction and targeting individuals with final removal orders or criminal records. A spokesperson emphasized that “enforcement efforts are focused on those who pose a threat to national security or public safety.”
Several state attorneys general have expressed concern, with officials in California, New York, and Massachusetts calling the practice “an overreach” that could provoke legal challenges.
The Department of Justice has so far declined to comment on the policy shift, but immigration judges have reportedly voiced frustration over the disruptions caused by in-court detentions.
With the 2026 midterm elections on the horizon, the return of such aggressive ICE tactics is expected to become a polarizing campaign issue, particularly in states with large immigrant populations.