Recently, there have been numerous reports about ICE appearing in Immigration Courts across the United States and detaining people at their hearings. It's another way the Trump Administration is terrorizing non-citizens and trying to intimidate them into giving up their due process rights.

Here, we will look at what is happening, who is at risk, and what you can do to try to protect yourself.

So far, we've heard about raids at many different courthouses, including in Sterling, Dallas, Orlando, San Francisco, Chicago, Phoenix, and Miami. How many people are being detained, we do not yet know.

It's also not entirely clear who is being targeted, though it seems mostly to be people subject to "expedited removal." Expedited removal (ER) is a procedure to deport recent arrivals more quickly and with fewer due process protections. In the past, it applied to people who had been in the U.S. for less than two weeks and who were within 100 miles of the border. However, the Trump Administration has expanded ER (perhaps unlawfully) to include anyone who has been in the United States for less than two years, or who was apprehended within two years of arriving in the U.S., including at the Mexican border, even if the person has now been here for more than two years. Also, the procedure applies to non-citizens no matter where they are in the United States.

Lately, DHS (the prosecutor in Immigration Court) has been moving to terminate Immigration Court hearings so that non-citizens can be placed into ER. After the case is dismissed, ICE agents (some in plain clothes and some wearing masks) are waiting to detain the non-citizens.

Thanks to some recent changes, many asylum seekers who are detained are subject to mandatory detention.

If you are detained and/or placed into ER proceedings, you would want to request a credible fear interview (CFI) as soon as possible. A CFI is an initial evaluation of asylum eligibility where you have to explain why you fear persecution in your home country. If you "pass" the CFI, your case would be referred to Immigration Court (where you started this whole ridiculous journey) for a full asylum hearing. If you "fail" the CFI, you can be deported quickly, subject to limited review by an Immigration Judge (IJ).

If you are detained, you might have to present your asylum case from jail, which can be very challenging. It is more difficult to communicate with your family and your lawyer, or to gather evidence. Also, detained people are often moved to other parts of the U.S., where the Immigration Judges have higher denial rates.

If you have an upcoming court hearing and you think you might be subject to ER and/or detention, what can you do?

First, talk to a lawyer, The Immigration Court process is complicated. Even in the best of times, it is important to have an attorney to help you. Lawyers often have more up-to-date information than the general public, and they can evaluate your case, assess the risk, and advise you about being prepared for a CFI or a request for release from detention. If you are represented, make sure your lawyer has an original signed form G-28. This form allows the attorney to represent you during a CFI or with ICE (this form is different from the form used by the court, and it must have an original signature--not a copy).

Second, prepare your asylum application, including form I-589, and gather as much evidence as you can. If you are prepared for your asylum case, you can try to use the same evidence for a CFI, which will strengthen your claim. Also, if you are in custody, it will be more difficult to present your case, and so if you can prepare now, you will be better positioned in the event that you are detained.

Third, you can try to postpone an upcoming hearing or attend by video. If the IJ allows you to postpone (a big "if"), you will buy more time to hopefully get a clearer picture about what is happening. If you can attend by video, it will reduce your odds of being arrested, since ICE will need to come find you.

If you are in court and DHS asks the judge to dismiss your case in order to start the ER process, you can object to the dismissal or ask for more time to respond (or to get a lawyer if you don't have one). Maybe the IJ will refuse to dismiss or delay the dismissal so you can respond. If that fails, you can tell the IJ that you want to appeal, which automatically stays (puts on hold) the dismissal. While these tactics may not prevent the case from being dismissed or keep you out of ER, some judges may respond favorably and at least you will preserve the issue if there is ever an appeal.

Finally, if you think you may be detained when you go to court, you can talk to a lawyer about filing a habeas corpus petition. Some detained non-citizens will be eligible for release by an IJ; others will not. For those who are ineligible, the only option may be a habeas petition filed in the U.S. District Court. A habeas petition is a request to have the legality of your detention reviewed by an independent federal judge. You can ask to be released (if the detention is unlawful), or at least try to prevent ICE from moving you to a far-away detention facility. If you are detained, and if a habeas petition is appropriate, it is important to file quickly, before you are moved to another jurisdiction, and so arranging for help from a lawyer prior to the hearing is crucial.

It is obviously very unfortunate that non-citizens are now at risk simply for appearing in court. Although the courthouse arrests are getting a lot of attention, my sense is that most people can still go to court safely. We will learn more as time goes on, but for now, the more you can prepare for the worst, the safer you will be.

Originally posted on the Asylumist: www.Asylumist.com