Immigration and Customs Enforcement (ICE) has begun a nationwide operation targeting recent illegal border crossers—specifically those who have been in the U.S. for less than two years—by arresting them during their immigration or asylum court hearings, Fox News has learned.
According to ICE sources, the Department of Homeland Security (DHS) has instructed officers to drop pending immigration cases for these individuals, enabling agents to detain them and place them into expedited removal proceedings. Migrants cannot be fast-tracked for deportation while a case is pending, prompting DHS to first dismiss the court cases to allow immediate arrest and deportation.
ICE officials speaking anonymously say this new tactic marks a shift and that the public should expect “many more” arrests like these going forward.
What This Means
Unlike prior operations that focused primarily on immigrants convicted of serious crimes, this initiative targets those whose only offense may be crossing the border illegally. The change is expected to increase the number of deportations significantly—especially for newer arrivals without criminal records.
Legal Challenges Ongoing
The announcement comes as the DHS faces several legal hurdles over its deportation policies. Just this week, a federal judge ruled that DHS had violated court orders by deporting eight migrants to South Sudan without ensuring they had proper “credible fear interviews”—a process allowing deportees to argue they face danger if returned to a third country.
U.S. District Judge Brian Murphy, who issued the ruling, said he is now reviewing whether those individuals can complete the interviews while still in South Sudan, instead of being flown back to the U.S. for proceedings.
Judge Murphy had previously warned that sending migrants to countries like Libya without proper notice or legal procedure would clearly violate federal orders on third-party deportations.
The Biden administration continues to face mounting pressure from both sides of the political aisle over how it handles immigration enforcement—particularly at the southern border. Meanwhile, the Trump campaign has signaled it would expand deportations and intensify immigration crackdowns if returned to office.
