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Espaillat, Goldman, Velazquez, Garcia Introduce 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.
Photos: Members Visited 26 Federal Plaza Today Exposing Ongoing Due Process Failures
NEW YORK, NY – Today, U.S. Representatives Adriano Espaillat (NY-13), Dan Goldman (NY-10), 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.
“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.”
“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.”
“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, and Kids in Need of Defense (KIND).
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Representative Espaillat is the first Dominican American to serve in the U.S. House of Representatives and his congressional district includes Harlem, East Harlem, West Harlem, Hamilton Heights, Washington Heights, Inwood, Marble Hill and the north-west Bronx. First elected to Congress in 2016, Representative Espaillat is serving his fifth term in Congress. Representative Espaillat currently serves as a member of the influential U.S. House Committee on Appropriations responsible for funding the federal government’s vital activities and serves as Ranking Member of the Legislative Branch Subcommittee of the committee during the 119th Congress. He is Chairman of the Congressional Hispanic Caucus (CHC), a member of the Congressional Progressive Caucus (CPC), and serves as a Senior Whip of the Democratic Caucus. To find out more about Rep. Espaillat, visit online at https://espaillat.house.gov/.
Media inquiries: Candace Person at [email protected]
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