New VA Deportation Tactics Involve Cancel, Arrest, Deport

 Posted on June 08, 2025 in English

In Northern Virginia – and across the country – a new deportation tactic appears to be in use. Once inside immigration court, government lawyers are terminating cases. Then, when immigrants step outside the courtroom, they are arrested by ICE and taken for immediate deportation. This occurred outside an immigration court in Sterling, VA less than a week ago.

Several men who showed up for legitimate immigration hearings had those hearings canceled inside the courtroom and were immediately taken into custody outside in the parking lot. Although many of those who instigated the arrests were in plainclothes, they were allegedly ICE agents. Similar events occurred in Miami, Florida, on the same day. These types of arrests are rapidly increasing across the nation.

The government lawyers are, of course, complicit as they go into court and ask for dismissal. One Virginia immigration lawyer says she has only had one client in the past two decades who was arrested outside a courtroom. Obviously, this new practice will have an impact on immigrants who show up in court, and even witnesses may be deterred from attending due to fear of arrest.

Because not showing up for court could also result in penalties, immigrant families must ensure their personal and family affairs are in order before attending a court hearing. If you or a loved one is scheduled to attend a Virginia court hearing, it is extremely important that you contact an experienced Herndon, VA immigration attorney to discuss your options.  

What Exactly Does "Getting Your Affairs in Order" Mean?

Immigrants who are in the country illegally or who are in the process of acquiring legal status should seek legal consultation with an experienced immigration attorney. A "safety plan" should be created, and every family member should be made aware of the plan. The safety plan should include:

• A list of emergency contacts. Every member of the family should memorize the phone numbers of at least two emergency contacts.
•  Schools and daycare facilities should be provided with alternate people who are authorized to pick up the child.
• Authorization in writing should be provided to emergency contacts who can make legal and medical decisions for your child.
• Make sure your loved ones know that they can use ICE’s online detainee locator to find you if you are detained.

Keep all your identity and financial information documents in a safe place, particularly documents that show how long you have been in the United States. The most recent two years are the most important. Medical records, bank records, school records, utility bills, leases, income tax returns, and any other documents that prove you have been in the U.S. should be in one place that a loved one can find and provide if necessary.

What Should You Do if Detained?

Keep copies of the above documents with you at all times. Never show an ICE agent any document that shows you were born outside the U.S. If you have a green card, asylum or refugee status, a valid student or other visa, or an unexpired TPS, always carry copies of these documents. If you have no current immigration documents but have been in the U.S. for at least two years, carry copies of proof of that residency.

Stay calm and never run away from agents. If possible, record what is happening on your phone. Ask politely which government agency the agents are from. If you are not legally in the United States, do not talk and do not answer questions. Ask if you are free to leave and if the answer is yes, walk away calmly.

Contact a Fairfax County, VA Immigration Lawyer

It is a good idea to discuss your particular immigration status with a Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC. Our firm is a supportive, full-service immigration law firm with over 20 years of experience. We speak English and Spanish. Call 571-441-2233to schedule your free consultation.