National immigrant rights organizations have filed a lawsuit against the federal government, demanding the release of records related to 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 seeks the release of crucial records that the government has allegedly withheld regarding arrests at immigration courts and the subsequent 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), have been involved in a coordinated effort to detain noncitizens who appear for their 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 that ensure fair hearings, not mechanisms that funnel individuals into detention. When those seeking justice are instead arrested, it undermines fundamental democratic principles, deters individuals from exercising their legal rights, and inflicts severe human costs.
Furthermore, ICE attorneys have been requesting immigration judges to dismiss cases and transfer individuals into expedited removal, a process that offers fewer due process protections and no pathway to permanent residence. The EOIR has instructed immigration judges to grant these dismissals immediately, despite this practice violating established agency policy and longstanding norms.
In an effort to understand the rationale behind 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 of these requests were directed to the EOIR, while five were sent to ICE. The requests aim to obtain basic information regarding arrests and dismissals in immigration courts, as well as communications between the agencies involved in these actions. The organizations also requested expedited processing for these requests.
However, the government has failed to provide timely and adequate responses to ten of these FOIA requests, which constitutes a violation of the law. The EOIR has claimed it cannot locate any guidance issued to immigration judges concerning case dismissals and courthouse arrests, despite a copy of relevant guidance having been leaked to the public. Additionally, the EOIR has declined to search for records related to its coordination with ICE, while ICE has either ignored or delayed processing 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 have provided inadequate responses to our request. It is unacceptable to prolong this urgent matter.”
“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,” stated Chris Opila, staff attorney for transparency at the American Immigration Council.
Democracy Forward’s president and CEO, Skye Perryman, emphasized the importance of transparency, stating, “The public has a right to know when our government rewrites the rules to make mass arrests and deny people of 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 fully comply with FOIA and release all documents responsive to seven of the requests. It also calls for the expedited disclosure 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 through the rule of law. The organization focuses on empowering communities and fostering leadership through advocacy and education. For more information about LatinoJustice, visit www.LatinoJustice.org.
Democracy Forward Foundation is a national legal organization dedicated to 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 immigration, aiming for a fair and just immigration system. The Council employs various advocacy strategies, including litigation, research, and communications, to protect immigrant rights and promote community integration. For updates, follow the Council on social media or visit their website.
Source: Original article