Instant Insight

30-Second Take

• ICE has introduced a new strategy to increase arrests by dismissing immigration cases and immediately re-arresting individuals.
• This tactic bypasses traditional deportation proceedings, placing individuals in expedited removal with limited due process protections.
• The strategy aims to reduce court backlogs but has raised concerns among immigration lawyers about due process and fairness.

Quick Brief

2-Minute Digest

Essential Context

The Trump administration has implemented a novel strategy to accelerate arrests and reduce the significant backlog in immigration courts. This involves ICE lawyers dismissing deportation cases, only for ICE agents to re-arrest the individuals immediately and place them in expedited removal proceedings.

Core Players

• U.S. Immigration and Customs Enforcement (ICE)
• Department of Homeland Security (DHS)
• Immigration lawyers and advocacy groups
• President Trump

Key Numbers

• 4 million: Current immigration court case backlog
• Hundreds: Number of people arrested within the first few days of this strategy
• 14 cities: Initial locations where this strategy was implemented, now expanded to other states and courts

Full Depth

Complete Coverage

The Catalyst

The new strategy is part of President Trump’s broader effort to streamline the deportation process and reduce the overwhelming backlog in immigration courts. By dismissing cases and re-arresting individuals, ICE aims to expedite the removal process.

“This is the first time I’ve seen ICE use this strategy,” said Ginger Jacobs, a local immigration lawyer. “Normally, as an immigration attorney, you would think that’s a good thing, your client is out of deportation proceedings.”

Inside Forces

ICE lawyers initiate the process by making a motion to terminate deportation proceedings. However, instead of allowing individuals to pursue other forms of legal relief, ICE agents re-arrest them and place them in expedited removal. This bypasses the traditional judicial process, denying individuals access to legal representation and a formal hearing.

“It is a form of removal that does not involve a judge,” Jacobs explained. “They don’t have access to legal representation or a chance to formally present evidence.”

Power Dynamics

President Trump’s approach aligns with its mass deportation goals. Lora Ries, director of the Border Security and Immigration Center at the Heritage Foundation, noted that this strategy helps reduce court backlogs and may encourage self-deportation by deterring individuals from fighting their cases.

“The alien uses that factor [detention] to weigh what they’re going to do as well,” Ries said. “We can’t overlook self-deportation.”

Outside Impact

Immigration lawyers argue that this tactic undermines due process and instills fear among immigrants who are following the legal process. “What this administration is doing is instilling that fear, because the rules are changing every day and there’s no stability,” said Cardenas, an immigration lawyer.

The strategy has also raised concerns about the fairness and legality of the expedited removal process, which lacks the oversight of a judicial hearing.

Future Forces

The long-term implications of this strategy include potential legal challenges and further polarization of immigration policies. As the courts continue to grapple with the backlog, the use of expedited removals may become more prevalent.

Key areas to watch include:

• Legal challenges to the expedited removal process
• Impact on immigration court backlogs
• Policy changes under future administrations

Data Points

• Late May 2025: Strategy first implemented in about 14 cities
• June 2025: Strategy expanded to other states and courts, including Boston, New York City, and Northern Virginia
• 4 million: Current immigration court case backlog
• Hundreds: Number of people arrested within the first few days of this strategy