Immigration Court in 2025: Why DHS Is Moving to Dismiss Some Cases—And How to Protect Yourself

Over the past several weeks we have been shocked to see the following pattern emerging in immigration courts:

1. The Department of Homeland Security (DHS) is asking judges to dismiss certain removal cases at Master Calendar hearings, sometimes alleging that ICE no longer wants to pursue removal against that individual.
2. Immediately after the dismissal, ICE officers are waiting in courthouse corridors or outside the building to detain the very people whose cases were dismissed, stating that since they no longer have hearings pending, they can now be subjected to expedited removal.

At JLW Immigration Law Group, we have specialists in Adjustment of Status lawyers in Austin. We invite you to learn more about these services.

If you—or a family member—have a court date scheduled in the next few months, this article explains:

• Why DHS is using dismissal as a fast-track to detention and removal.
• The difference between Master Calendar and Individual/Merits hearings (only one carries the new detention risk).
• Concrete steps you can take today to safeguard your case, your freedom, and your family.

What Changed? The End of Biden-Era Prosecutorial Discretion

During the previous administration, DHS attorneys routinely used “prosecutorial discretion” (PD) to dismiss or administratively close cases for individuals who presented no public-safety concern. The goal was to free up severely back-logged court dockets and focus DHS resources on proceedings for individuals who represented a threat to their communities or the USA. Since January of this year, we’ve witnessed the following:

• January 2025: The new administration rescinded all PD memos.
• May 2025: DHS trial attorneys suddenly and without warning began filing oral motions in court to dismiss cases—but for a very different purpose. Instead of leaving people in peace, ICE is now placing individuals with dismissed proceedings into expedited removal proceedings with far fewer rights and no eligibility for bond. This has resulted in family separations, extreme overcrowding in our detention centers, and deportations of individuals vulnerable to persecution and torture in their home countries.

Master Calendar vs. Individual Hearings: Why It Matters

The detentions of individuals at courts is focused on people who have exited a “Master Calendar” hearing, rather than an “Individual” or “Merits” hearing. Here is a breakdown of the difference.

Bottom line: The new danger zone is the Master Calendar hearing—especially if you were apprehended within a few days of crossing the border into the USA.

What To Do If DHS Moves to Dismiss Your Case

1. Speak up immediately:
   • Tell the judge: “Your Honor, I oppose termination. I want my case to remain on the docket.”
2. Request time to hire counsel:
   • “I respectfully ask for a continuance to retain an attorney and receive legal advice.”
3. Be prepared:
   • If you represent yourself (pro se), know your charges, be ready to admit or deny them, and have any applications (e.g., asylum, cancellation) fully prepared and filed on time. Judges are less likely to dismiss a case when the respondent is diligently moving it forward.
   • If you are detained by ICE after a dismissal but fear return to your home country, you must insist on receiving a Credible Fear Interview. This will enable you to request asylum, though you may remain detained throughout the entirety of your case.

Strategies We Are Using for Clients

• Request appearance by Webex (video conference) to avoid having to go to court. We are getting mixed results on these requests depending on the judge.
• File a motion to vacate the Master Calendar hearing and schedule an Individual hearing instead. We are having good results with this strategy, though we hear other colleagues are not.
• Seek a continuance to accommodate for scheduling conflicts. This can help create some space and time to prepare for what’s next.
• Prepare emergency plans (family contact lists, limited powers of attorney, custody documents) for clients at higher risk of detention.

Important: These options are case-specific. What protects one client could harm another. Always get individualized legal advice before making a decision.

Frequently Asked Questions

Q 1: I thought dismissal was good news—why oppose it?
Under the new policy, dismissal is often a trap. Once your case is dismissed, you may lose the procedural protections of immigration court and can be removed through fast-track processes by ICE, depending on your case history.

Q 2: I’m scheduled for an I-130 (marriage-based) interview, not court. Could ICE arrest me there?
We have not seen widespread arrests at I-130 interviews in San Antonio, but colleagues in other areas have seen increased USCIS detentions. Risk increases if you have a prior removal order or serious criminal history. Consult an attorney and consider whether the beneficiary must appear in person.

Q 3: What should I do if I am arrested by ICE?

If you fear returning to your country, repeatedly ask for a “Credible Fear Interview” (CFI). Make sure you see an officer write down that you want the CFI, and ask multiple officials repeatedly about it until you get it. 

How We Can Help

• Case-specific risk assessments for anyone with a hearing in the next 90 days.
• On-the-record representation at Master Calendar hearings (in person or Webex).
• Rapid-response detention plans for high-risk clients and families.
• Federal-court litigation for persons unlawfully detained.

7. Stay Informed—And Stay Safe

We will continue to monitor DHS tactics and court policy shifts in Texas and nationwide. Our immigration law firm in Austin has attorneys who, regardless of your situation, can provide the guidance needed to help you legally fight for your right to remain in the United States. Contact us now

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