They can't arrest you in court: the historic ruling that protects immigrants attending their hearings
- 13 hours ago
- 6 min read
What happened? A federal judge banned ICE arrests in immigration courts
On June 23, 2026, Federal Judge P. Casey Pitts of the Northern District of California issued an order prohibiting ICE from making arrests inside immigration courts nationwide. This means that if you have an immigration hearing and you attend, ICE cannot detain you while you are in the courthouse or its immediate surroundings. The 71-page decision called the government's arrest policy "arbitrary and capricious."
What exactly does the ruling say?
The judge determined that ICE's 2025 policy did not take into account the "chilling effect" that courthouse arrests have on immigrants attending their hearings. In his own words: "The policies do not address the chilling effect of courthouse arrests on noncitizens' attendance at judicial proceedings, which is both a critical factor underlying ICE's 2021 guidance and an 'important aspect of the problem' itself."
Additionally, the ruling also struck down an ICE policy that allowed people to be held in temporary detention facilities for more than 12 hours, up to 72 hours or more.
What does this mean for you?
If you have an immigration court date or a pending hearing:
ICE cannot arrest you inside the courthouse while you are present at your hearing.
They cannot detain you in the courthouse building or its immediate vicinity simply for attending your appointment.
This applies to all immigration courts nationwide, not just in California. The ruling is national.
Why is this important for the Latino community?
Over the past year, ICE had intensified courthouse arrests. People attending their hearings in good faith were being detained and separated from their families. In Los Angeles, there were cases like a teenager who was detained the day after graduating with honors, and a father handcuffed in front of his 8-year-old son after a judge dismissed his case.
The practice was creating fear. Many people stopped attending their hearings for fear of being arrested, resulting in automatic "in absentia" deportation orders. The number of these orders jumped from 19,000 in fiscal year 2024 to more than 50,000 in 2025.
The 2-year rule: what you need to prove if you have lived more than 2 years in the U.S.
In addition to the news about courthouse arrests, there is another fundamental issue: if you have lived more than 2 years in the United States, you must justify those years. What does this mean? It is not a new law, but rather a reminder of how the current immigration system works.
Where does this requirement come from?
The Trump administration won a key legal victory: an appeals court allowed the expansion of "expedited removals" nationwide. This means immigration officers can deport certain people without a hearing before a judge.
How does expedited removal work?
The new rule establishes that immigration officers can deport someone without a hearing if:
The person is in the U.S. without authorization.
The person cannot prove they have been living in the U.S. continuously for two years or more.
If you are detained and cannot prove you have been here for more than two years, you could be deported quickly without going through court.
What does "continuous presence" mean?
To prove you have lived here for two years, the government expects to see a "paper trail" of your life in the United States. Saying it is not enough. A dissenting federal judge noted that under this rule, immigrants "must simply hope that the immigration officer concludes they have met their burden of demonstrating two years of continuous presence." The burden of proof is on you. You must be able to prove you have been here without long interruptions and with solid evidence.
Documents that can help you prove your presence
If you have been living in the United States for two years or more, you need to build a solid file with documentary evidence that proves your continuous physical presence in the country. It is not about having a single document, but about gathering a variety of documents that show your daily life in the United States. Here we explain which ones are most important and how they can help you.
Financial and tax documents
Federal and state tax returns: They are one of the strongest pieces of evidence because they show you have been working and contributing to the system. Keep copies for each year.
Bank statements: Statements showing regular deposits, rent or mortgage payments, and daily transactions. They should have your name and address.
Pay stubs or payroll receipts: Proof of your employment with dates and amounts. If you have worked formally, these are very valuable documents.
Residency documents
Lease or rental agreements: Ideally with your name and that of your spouse or family members, signed by the landlord, and with dates.
Property deeds or mortgage statements: If you own a home, this is irrefutable evidence.
Letters from your landlord: If you do not have a formal contract, ask your landlord for a letter certifying how long you have lived in their property and that you pay rent.
Utility bills
Water, electricity, gas, phone, internet, cable: They should have your name and the address where you reside. Monthly payment records demonstrate continuous presence at the location.
Community services: Bills for services like trash collection or any other municipal service.
Medical and educational documents
Medical and dental records: Bills from doctor visits, dentist, or clinics; prescriptions; lab results; any document showing the date and your name.
School records: Your children's report cards, school acceptance letters, or any document proving your children attend school.
Confirmation letters for medical or school appointments with dates.
Personal and community documents
Birth certificates of children born in the U.S.: They show your family life is here.
Membership cards or local identification: Library cards, gym memberships, community organization memberships, neighborhood association cards, etc.
Records of activity in religious or community organizations: Letters from religious leaders or volunteer work demonstrating your active participation.
Official correspondence addressed to you: Letters from the government, insurance companies, banks, schools, etc.
Cartas de testigos
Affidavits from friends, family, neighbors, employers, or community leaders: They should be detailed, describing how they know you, how long they have known you, and evidence of your daily life in the U.S. It is not enough to say "I know them;" they must include examples and dates.
Practical tips for organizing your file
Keep everything: Do not throw away bills, contracts, or important documents. Even emails or text messages can help.
Digitize everything: Scan or take photos of all your documents. Save them in the cloud (Google Drive, Dropbox, etc.) and on an external hard drive. This way, you will always have them available.
Organize by year: Create folders by year (2024, 2025, 2026) and within each, subfolders by document type (financial, residency, utilities, medical, educational, personal).
If you do not have a document, look for alternatives: If you do not have utility bills because you lived with someone else, ask that person to provide a letter confirming it along with copies of their bills showing their address and yours.
Consult with an attorney: Every case is unique. An immigration attorney can review your file and recommend what additional documents might be useful for your specific situation.
What you should do today
Organize your documents now
Do not wait for an emergency. Start saving all documents that prove you have lived here. Keep digital and physical copies. This prepares you not only for a possible detention, but also for other immigration processes that require proving time of residence.
Attend all your court appointments
Thanks to Judge Pitts's ruling, you can go to your hearing with more peace of mind. The courthouse should be a place of justice, not a trap. Attending your appointments is your right and also your duty. Do not miss them. If you do not attend, you could be deported in absentia.
Clear information, not legal advice
At RISE Immigration Services, our mission is to keep you informed through free resources like this blog. We are not lawyers and do not provide legal advice. We explain what is changing so that you can make informed decisions and, if needed, consult with a qualified immigration professional. The Latino community grows stronger when we support each other with honest information.
References
The National Desk. Judge blocks Trump administration's immigration court arrests nationwide. 23 de junio de 2026.
USA Today. Federal judge blocks ICE from making arrests at US courthouses. 23 de junio de 2026.
Los Angeles Times. Federal judge bans ICE from arresting people in immigration courts. 23 de junio de 2026.
The New York Times. Federal Judge Bars ICE From Making Arrests in Immigration Courts. 23 de junio de 2026.
Anadolu Ajansı. Court allows Trump administration to expand expedited deportations across US. 24 de junio de 2026.
Castan, Lecca & Boeschen. Guía de Documentos para Probar 10 Años de Residencia en EE.UU. (2026).
WisLawHelp. Proving Continuous Presence or Residence. 2025.
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