Immigration Hearings: Caught Between Justice and Deportation

 Posted on June 20, 2025 in Immigration

With immigration laws in limbo, many undocumented immigrants face fear and uncertainty over the once-simple act of attending a scheduled court hearing. There are increasing reports of Immigration and Customs Enforcement (ICE) agents arresting undocumented immigrants at courthouses as they attend required court hearings.

This leaves immigrants seeking legal status or asylum in the United States with a serious dilemma: comply with a court-ordered appearance and risk detention, or avoid court and face serious legal consequences. Deciding between two bad choices can seem like no choice at all. Consulting with an experienced Itasca, IL immigration lawyer can help you determine the necessary steps to protect your immigration status and avoid deportation.  

The Legal Obligation to Appear in Court

Attending immigration court appearances is generally considered mandatory. Missing one of these court dates can have devastating consequences. A judge will almost certainly issue an in absentia removal order if you fail to show up, which is a deportation order made in your absence. Missing a court date could also result in the loss of eligibility for asylum or other forms of relief, as well as an inability to re-enter the U.S., either temporarily or permanently.  

Possible Solutions Following an In Absentia Removal Order

Following an in absentia removal order, you must have your attorney file a Motion to Reopen as soon as possible. First, confirm that the judge ordered the removal either through an attorney or by calling the Immigration Court Hotline at 1-800-898-7180.

The motion to reopen will outline the reasons for non-attendance, such as a serious illness, a family emergency, a lack of transportation, or a lack of notice of the hearing. This motion must be filed within 180 days of the missed court date.

What Rights Do Undocumented Immigrants Have While in Court?

Unfortunately, while it was once very rare, many immigrants are being detained by ICE while attending mandatory hearings. Some who have been in the U.S. for less than two years are being detained at their master calendar hearings. The government may request that immigration judges dismiss these cases, thereby placing immigrants in expedited removal proceedings. Some immigrants who lose their asylum case at their final hearing are being detained.

While the denial can be appealed, ICE can detain the individual while the appeal is in process. Even those who are not in these categories can be detained at an immigration court hearing. You have the right to legal representation if detained by ICE at a hearing, but you may have few other rights. It is wise to remain silent if detained until you can speak to an immigration attorney.

Should You Attend Your Court Hearing?

In the end, failing to attend a court hearing could result in deportation, while attending the hearing could also result in deportation, with the only difference being the timing. If you are detained by ICE at your hearing, removal proceedings may begin immediately.

If you miss a court hearing, your attorney may be able to buy you some time by filing a motion to reopen. It is wise to have an immigration attorney with you at your hearing. While this does not prevent you from being detained, your lawyer can at least attempt to advocate on your behalf.

You might also consider having a friend or family member attend your hearing so they can tell others if you are detained. If you are applying for asylum, be sure you have a copy of your stamped asylum application. Again, this may not stop ICE from detaining you, but it can help you make an argument to the judge.

Contact a DuPage County, IL Immigration Lawyer

If you have an upcoming court date and are unsure whether you should attend, it can be extremely helpful to speak to a knowledgeable Itasca, IL immigration attorney from Unzueta Law Group, P.C.. We are a local, family-owned law firm with over 20 years of experience in immigration law. Se Habla Español. To schedule an initial meeting with one of our attorneys to discuss your immigration issue, call 630-509-2363.