If you have an immigration court hearing in 2026, you are right to be nervous about ICE showing up. The rules changed in 2025 and 2026, and the biggest change is the one most people still don't know about.
Here is the short version: ICE arrests at and around courthouses are happening again, both at immigration court (the EOIR/USCIS-side proceedings) and at criminal and family courts. Some of the safeguards that protected people during 2014–2017 and 2021–2024 have been narrowed or rescinded. But there are still real protections, and there are concrete things you can do to lower your risk before, during, and after a hearing.
This guide explains what actually changed, what is true at your hearing in 2026, and how to protect yourself without skipping court — because skipping court is almost always worse than the arrest risk.
The 2026 reality: ICE is back in and around courthouses
Between 2017 and early 2021, the federal government took the position that ICE could make civil immigration arrests at any courthouse, including state criminal and family courts. In 2021, that policy was rolled back: ICE issued a directive limiting civil arrests at or near courthouses to specific narrow categories (national security, public safety threats, ongoing investigations).
That 2021 directive was rescinded in 2025. Since then:
- ICE may again make civil immigration arrests at federal immigration court (EOIR) and at most state and local courthouses.
- Several states (California, New York, New Jersey, Oregon, Washington, Illinois, Colorado, and others) have their own state laws or court rules that restrict ICE activity inside their courthouses without a judicial warrant. Those state-level protections are still in force in 2026.
- ICE is concentrating courthouse operations on people it already has files on — final removal orders, prior orders of supervision violations, missed prior hearings, criminal arrests with ICE detainers.
- Random courthouse stops are not the norm. Targeted arrests of named individuals are.
So the question for you in 2026 is not "is ICE in courthouses?" — yes, increasingly, they are. The question is "is ICE looking for me, and what do I do about my hearing?"
Step 1: Find out which kind of court you actually have to attend
People say "court" to mean five different things. Risk depends on which one you are talking about.
- Immigration court (EOIR). A removal proceeding in front of an immigration judge. ICE attorneys are already in the room. The risk is post-hearing detention if a judge orders removal, you have a final order, or ICE has a separate hold.
- USCIS interview. Asylum interviews, marriage-based green card interviews, naturalization interviews. These are not court, but ICE has been present at some adjustments and asylum offices for people with prior orders.
- State criminal court. A misdemeanor or felony case. Risk depends on the state and the offense — many ICE detainers and arrests originate here.
- State family court. Custody, child support, protective orders. State-level sanctuary laws are usually strongest here.
- Federal court. Generally lower direct ICE risk, but federal criminal cases sometimes trigger immigration consequences after sentencing.
Before any hearing, write down: which agency, which judge, which courthouse, what time, what is the case about. If you do not know, call the court clerk or your attorney. Do not guess.
Step 2: Pull your immigration history before you go
Most courthouse arrests in 2026 are not surprises to ICE — they are surprises to the person being arrested. Before you walk into any hearing, you or your attorney should know:
- Whether you have any prior order of removal, deportation, or voluntary departure.
- Whether you have any prior NTA (Notice to Appear) you may have missed.
- Whether you have any pending application before USCIS or EOIR.
- Whether you have any criminal history — arrests, dispositions, dismissals, expungements.
- Whether ICE has ever issued a detainer against you.
If any of these are unknown, file a FOIA with USCIS and ICE, or have an attorney pull your A-file and EOIR record before the hearing. A 30-minute records pull can save you a 30-day detention.
Step 3: Decide whether to appear in person, by phone, or by video
EOIR allows phone or WebEx appearances in many cases in 2026, especially for master calendar hearings and for represented respondents. USCIS allows some interviews to proceed remotely. If you have any concern about courthouse arrest, ask your attorney to file a motion to appear by phone or WebEx as soon as the hearing is scheduled — not the day before.
This is one of the single biggest changes between 2017 and 2026: remote appearance is no longer a special accommodation, it is a routine option. Use it.
Step 4: Know what ICE can and cannot do at the courthouse
ICE officers are not federal judges. Their authority is limited even in 2026.
- ICE can make a civil immigration arrest based on an administrative warrant (Form I-200 or I-205). These are not signed by a judge. They do not authorize ICE to enter a private home, and in many states they do not authorize entry into non-public courthouse areas.
- ICE generally can make arrests in public areas of federal courthouses (including immigration court).
- ICE may or may not be able to enter non-public courthouse areas in your state — this is governed by state law and the courthouse's own rules.
- ICE cannot force you to answer questions about where you were born, your immigration status, or your travel history. You have the right to remain silent.
- You have the right to an attorney in immigration proceedings — at your own expense — and you should never sign any document ICE puts in front of you without one.
Step 5: Bring the right paper, leave the wrong paper at home
Bring to court:
- Government-issued photo ID (driver's license, state ID, passport from any country).
- Any USCIS receipt notices for pending applications (I-485, I-130, I-589, I-751, N-400, etc.).
- Any EOIR hearing notices.
- A written list of emergency contacts and your attorney's number, in your wallet.
- If applicable, your work permit (EAD).
Do not bring:
- Foreign documents that suggest recent unlawful entry.
- Anything you would not want photocopied.
- Any document you have not first reviewed with an attorney.
Step 6: Have a family plan in writing before you go
If ICE arrests you at or after court, your family will have minutes — not hours — to act. Before the hearing, you should already have:
- A signed power of attorney for someone to access your bank account and pay rent if you are detained.
- A signed caregiver authorization or guardianship form for any minor children.
- A list of medications and dosages in your wallet.
- Your attorney's number written down (not just in your phone).
- A small amount of cash in a safe place at home for bond posting.
This is the single most important thing in this article. The arrest is not the worst part. The arrest plus a family that does not know what to do is the worst part.
Step 7: If ICE shows up, what to actually do
If ICE approaches you at or near a courthouse:
- Stay calm and do not run. Running can be charged as evading and can escalate any encounter.
- Ask: "Am I being detained? Am I free to go?" If they say you are free to go, leave calmly. If they say you are being detained, comply physically but exercise your rights verbally.
- Say clearly: "I am exercising my right to remain silent. I want to speak to my attorney." Then stop talking. This is binding regardless of what officers say next.
- Do not sign anything. ICE may present a Form I-275 (withdrawal of admission), a stipulated order of removal, or a voluntary departure agreement. Signing without an attorney is the single fastest way to lose your case.
- Ask to see a warrant. If it is an administrative warrant (I-200), it does not authorize entry into private spaces. If it is a judicial warrant (signed by a judge), the rules are different.
- Memorize one phone number. Your attorney's, or a family member's. You may not have access to your phone after the arrest.
Step 8: Why you almost never want to skip court
The single most common mistake we see is people skipping immigration court because they are afraid of ICE. Missing your hearing in immigration court usually triggers an in absentia removal order — which is exactly what ICE is looking for at courthouses in the first place. You go from "person with a pending case" to "person with a final order of removal" overnight. That makes it dramatically easier for ICE to detain and remove you, anywhere — at home, at work, or at a traffic stop.
If you genuinely cannot appear, your attorney can file a motion to continue or a motion to appear remotely. Almost any documented reason — illness, work conflict, transportation, a family emergency — is better handled with a motion than with a no-show.
Frequently asked questions
Can ICE arrest me inside an immigration courtroom in 2026?
Generally yes, in public areas of EOIR courthouses. Some immigration judges have been visibly uncomfortable with the practice and a few have asked ICE to wait outside their courtroom, but ICE is not bound by those requests. Most courthouse arrests happen in lobbies, hallways, and parking areas — not in front of the judge.
Does it matter what state I am in?
Yes. State-level sanctuary laws and court rules vary widely. California, Illinois, New York, New Jersey, Oregon, Washington, and Colorado have stronger courthouse protections than Texas, Florida, or Arizona. Your attorney should know exactly which state rules apply to your hearing.
What if I have a pending green card or asylum case?
A pending case is not by itself a defense against arrest, but it changes the strategy after arrest. If you have a pending I-485 or I-589, your attorney can argue for release on bond and against any attempt to stipulate to removal. Tell your family: do not let ICE pressure them to sign anything that closes a pending case.
Can ICE arrest me at a traffic stop on the way to court?
If a local officer stops you and your state allows ICE cooperation, yes. In sanctuary jurisdictions, local officers will not generally call ICE for traffic stops. Either way, do not consent to a search of your vehicle, do not answer questions about where you were born, and do not produce a foreign document if you have a U.S. license.
Should I just stop driving?
Not driving is a real cost — for work, for kids, for medical care. The better answer for most people is: drive carefully, never drive without a license and insurance, never drive after drinking, and know your state's rules on routine stops.
What if I am undocumented and have an immigration court hearing?
You almost certainly need to appear, and you almost certainly need an attorney. Do not no-show. Do not represent yourself unless you have no other option. Many people qualify for some form of relief — cancellation of removal, asylum, withholding, adjustment based on a U.S.-citizen relative — that they would never identify on their own.
Can ICE arrest U.S. citizens at courthouses?
It happens. ICE has wrongfully detained U.S. citizens, lawful permanent residents, and people with pending status before. Carry proof of status if you have any. If you are detained as a citizen or LPR, do not just submit — say it, repeat it, and ask to speak to a supervisor and an attorney.
The bottom line
Yes, ICE can arrest people at and around courthouses in 2026. No, that is not a reason to skip court. The right move is to show up prepared: know your immigration history, know which courthouse and which judge, appear remotely if possible, bring the right documents, leave the wrong ones at home, and have a written family plan in case the worst happens.
If you have a hearing coming up and you are not sure how to handle it, talk to an immigration attorney before — not after — you walk into the building.