National immigrant rights organizations have filed a lawsuit against the federal government, seeking the release of records related to ICE arrests at immigration courts and the dismissal of cases.
Washington, D.C., October 15 — LatinoJustice PRLDEF, the American Immigration Council, and Democracy Forward have initiated legal action in the U.S. District Court for the Southern District of New York. The lawsuit demands the release of crucial records that the government has unlawfully withheld regarding arrests at immigration courts and the dismissal of immigration cases.
Since May 20, 2025, U.S. Immigration and Customs Enforcement (ICE), along with the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the Executive Office for Immigration Review (EOIR), has engaged in a coordinated effort to detain noncitizens who appear for hearings in immigration courts across the country.
The practice of arresting individuals who voluntarily attend their immigration court dates in search of protection raises significant concerns. Immigration courts are intended to be venues for fair hearings, not mechanisms for detention. When individuals seeking justice are arrested instead, it undermines fundamental democratic principles, discourages people from exercising their legal rights, and inflicts severe human costs.
Moreover, ICE attorneys have reportedly been requesting immigration judges to dismiss cases and transfer individuals into expedited removal processes, which offer fewer due process protections and no pathway to permanent residency. The EOIR has instructed immigration judges to grant these dismissals immediately, a move that contradicts established agency policy and longstanding practices.
To gain insight into the circumstances surrounding these arrests at immigration courts, LatinoJustice and the American Immigration Council submitted a total of 11 Freedom of Information Act (FOIA) requests on July 28 and 29, 2025. Six requests were directed to the EOIR, while five were sent to ICE. These requests sought basic information about arrests and dismissals related to immigration courts, as well as communications among the agencies involved in these activities. The organizations also requested expedited processing for their requests.
However, the government has failed to provide timely and adequate responses to ten of these FOIA requests, violating legal requirements. The EOIR has claimed it cannot locate any guidance issued to immigration judges regarding case dismissals and courthouse arrests, despite the existence of leaked documents that contradict this assertion. Additionally, the EOIR has declined to search for records detailing its coordination with ICE, while ICE has either ignored or delayed responses to all requests directed to it.
“Our FOIA requests seek to shine a light on how ICE operates in immigration courts, where families are fighting to keep their families together and for their future,” said Rex Chen, supervising counsel for Immigrant Rights at LatinoJustice PRLDEF. “Instead of transparency, they have chosen secrecy, stonewalling, or provided inadequate responses to our request. It is unacceptable to prolong this urgent matter.”
Chris Opila, a staff attorney for transparency at the American Immigration Council, emphasized the importance of understanding the dynamics of arrests at immigration courts. “Families’ futures are on the line. That’s why we need to better understand how these arrests at immigration courts are being carried out, and the degree to which supposedly independent and neutral agencies like the EOIR are pushing a mass deportation agenda. The public has a right to know what the EOIR and ICE are doing behind closed doors,” he stated.
Skye Perryman, president and CEO of Democracy Forward, echoed these sentiments, stating, “The public has a right to know when our government rewrites the rules to make mass arrests and deny people due process — especially inside the very courtrooms meant to deliver justice. The administration cannot hide guidance that turns immigration courts into traps and accelerates deportations without fair hearings. We will not allow these agencies to operate in the shadows. Transparency is the first safeguard against abuse of power, and we’re in court to demand accountability.”
The lawsuit aims to compel the four agencies to comply fully with FOIA and to disclose all documents responsive to seven of the requests. It also seeks the expedited release of guidance directives and correspondence between ICE and the EOIR.
LatinoJustice PRLDEF has been advocating for over 50 years to create a more just society by challenging injustices and empowering communities through advocacy and education. For more information about their work, visit www.LatinoJustice.org.
Democracy Forward Foundation is a national legal organization focused on advancing democracy and social progress through litigation, policy, public education, and regulatory engagement. More details can be found at www.democracyforward.org.
The American Immigration Council works to strengthen America by shaping perceptions and actions towards immigrants and advocating for a fair immigration system. Their efforts include litigation, research, legislative advocacy, and communications. For the latest updates, follow them on social media or visit their website.
Source: Original article