Goldman, Espaillat, Velazquez, Garcia Introduce New Legislation to Protect Immigrants’ Right to Appear in Immigration Court

New Bill Aims to Protect Immigrants Attending Court-Ordered Appearances and Pursuing Lawful Pathways to Migrate to the U.S. 

New York, NY - Today, U.S. Representatives Dan Goldman (NY-10), Adriano Espaillat (NY-13), Nydia Velazquez (NY-7), and House Oversight Committee Ranking Member Robert Garcia (CA-42) introduced the Immigration Due Process Protection Act, new legislation that aims to protect immigrants who are pursuing lawful pathways to migrate to the United States and attending their court-ordered appearances from being targeted for arrests by the Trump Administration. The legislation would prohibit U.S. Department of Homeland Security (DHS) officers or agents from arresting or detaining an individual that is physically present at an Executive Office for Immigration Review (EOIR) immigration court facility for the purpose of attending or participating in a hearing, except pursuant to a judicial warrant. These protections would extend to individuals whose immigration case is still active and has not resulted in a final order of removal.

Since taking office, the Trump Administration has directed DHS and U.S. Immigration and Customs Enforcement (ICE) to carry out a sweeping campaign of arrests at immigration courts in an effort to meet Trump’s mass deportation quotas. Federal agents have been observed lying in wait outside courtrooms, wearing face coverings, frequently without proper identification, detaining individuals as soon as their hearings conclude — often after DHS’s own attorneys move to dismiss or terminate the cases.

These bait-and-switch tactics have ensnared nonviolent immigrants with no criminal records, including asylum seekers, students, and parolees who entered lawfully into the country. By voiding pending asylum applications and immediately placing people into expedited removal, DHS is bypassing due process, cutting off access to counsel, and fast-tracking deportations for those who are otherwise following legal procedures.

The Immigration Due Process Protection Act would implement guardrails to protect immigrants who are pursuing lawful pathways and attending their mandatory immigration court hearings from being targeted by an administration that is failing to uphold the law with integrity and abusing its power to fuel its despicable anti-immigrant policies.

“Over the past year, we have shockingly and repeatedly witnessed ICE and DHS officers detain non-violent, non-criminal immigrants immediately following mandatory court appearances – in many cases even while their case remains active and viable,” said Congressman Dan Goldman. “I’m proud to lead the introduction of the Immigration Due Process Protection Act to put guardrails on the Trump Administration’s reckless tactics at federal immigration courts and help ensure immigrants who are lawfully seeking asylum can continue to do so.” 

“Due process is a keystone protection in our Constitution. Without it, all other rights, privileges and protections from abuse of power come crumbling down,” said CHC Chair Rep. Adriano Espaillat. “With this bill, we reaffirm that the United States of America is a democracy – a free country. A day in court must be a peaceful day of civil interaction between the governed and the law and not an ambush.”

“Immigration courts should be a place where people can present their case and due process can play out,” said Congresswoman Velázquez. “When immigrants are afraid that a court appearance could lead to arrest, the entire system begins to break down. This is yet another example of the Trump administration weaponizing the justice system to serve its cruel agenda. This bill establishes clear protections so people can attend court-ordered hearings and pursue their cases without the threat of detention.”

"Masked federal agents are detaining and arresting people in immigration court facilities who have government appointments and are following the law. That has to stop," said Congressman Robert Garcia. "This bill will bring back fairness to immigration proceedings, stop predatory and unjust enforcement, and make sure immigrants can have their day in court without being targeted by this Administration.”

Specifically, the Immigration Due Process Protection Act:  

• Prohibits DHS officers or agents from arresting or detaining an individual that is physically present at an Executive Office for Immigration Review (EOIR) immigration court facility for the purpose of attending or participating in a hearing, except pursuant to a judicial warrant. 
• Prohibits DHS officers or agents from arresting or detaining an individual immediately upon arrival or departure from an immigration court facility if they are arriving or departing the facility for the purpose of attending or participating in a hearing, except pursuant to a judicial warrant.
• Applies these enforcement restrictions to any individual whose immigration case is still active and has not resulted in a final order of removal. This includes cases before an immigration judge or the Board of Immigration Appeals. This covers cases during the pendency of any appeals or motions to reopen, reconsider, or otherwise challenge a final order of removal.
• Includes an exception that allows DHS officers and agents to act when necessary to prevent an imminent act of violence or a specific, articulable threat to life, public safety, or national security. 
• Restricts arrests upon arrival or departure for ICE check-ins or appointments with any component of DHS. Under the bill, any arrest at check-ins would require written authorization from a senior supervisory official citing the legal basis for arrest and must be reported to the DHS Inspector General within 30 days.
• Requires the Office of the Inspector General to submit a report to Congress on the Department of Homeland Security’s compliance with this legislation. The report would include information regarding the number of arrests and attempted arrests made, the basis of such arrests, as well as steps taken by the Secretary to ensure compliance and any guidance or training provided to DHS employees. 

The Immigration Due Process Protection Act is endorsed by the American Civil Liberties Union (ACLU), The Door, the Vera Institute of Justice, the New Sanctuary Coalition, Kids in Need of Defense (KIND), Make the Road New York, and The Coalition for Humane Immigrant Rights (CHIRLA). 

"For decades, The Door has stood with young immigrants who are navigating our legal system with courage and hope. When federal agents wait outside courtrooms to arrest young people who are adhering to court-ordered mandates, it undermines the trust that makes our legal system work. The Immigration Court Due Process Protection Act is a critical step toward protecting young immigrants who are doing everything the law asks of them. We strongly support this bill and the protections it creates to ensure that due process is upheld with fairness and integrity,” said Kelsey Louie, CEO of The Door and Broome Street Academy.

“The Immigration Court Due Process Protection Act of 2025 is a crucial measure to support safety, due process, and the integrity of our legal system. No one should be punished for showing up to their court hearing or complying with their legal obligations, yet the Trump administration’s tactics have turned routine court appearances into arrest traps that strip people of due process and cut off their ability to defend their rights,” said Shayna Kessler, Director of the Advancing Universal Representation Initiative at the Vera Institute of Justice. “Due process is a cornerstone of our democracy. This bill is a critical step to ensure basic protections so that immigrants seeking to follow the law can do so without fear. Solutions that promote safe and impartial treatment under the law uphold our democratic values and help families and communities stay united and strong.”

"It is heartbreaking and shameful that we even need a bill to restrict detention at an immigration courthouse. People comply with the law, expecting a fair day in court to present their case, yet many are unjustly detained, ripped from their families and community, and denied the essential resources needed to build their defense. This legislation is necessary to stop turning our courts into traps. It removes the threat of unnecessary detention, ensuring an appearance at a hearing is a step toward justice, not an immediate pipeline to incarceration. Due process is a right for all, and this bill champions dignity over costly, inhumane detention," said Ravi Ragbir, Executive Director of the New Sanctuary Coalition.

“The Trump administration’s cruel and indiscriminate arrests at immigration court hearings and appointments are not only an attack on our immigrant neighbors and loved ones, but also an attack on due process and the rule of law,” said Kate Voigt, Senior Policy Counsel at the ACLU. “People should not be afraid that a court hearing or immigration appointment will lead to their violent arrest and land them in detention. The ACLU thanks Congressman Goldman for introducing this important legislation.”

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