US Immigration Enforcement Scope Expanded, Chinese Nationals Arrested for “Awaiting Court Appearance”

In March, the momentum of the United States Immigration and Customs Enforcement (ICE) conducting large-scale arrests of undocumented immigrants continues to expand. Enforcement officers are now targeting not only undocumented immigrants with criminal records but also those with work permits and pending court appearances.

According to immigration lawyer Chen Chuangchuang in Los Angeles, four Chinese individuals who were working in a central state were stopped by state police on the highway and subsequently taken into custody by ICE officials last Friday. Originally planning to go to court in New York, the cases of these four individuals will now be transferred to the immigration court located in the immigration detention center.

Chen Chuangchuang revealed that in recent weeks, there have been reports of state police in states such as Ohio, Virginia, and Florida cooperating with ICE in arresting undocumented immigrants. “State police are now cooperating with federal law enforcement,” he stated, adding that some law enforcement officials in blue states are also starting to cooperate with ICE enforcement, citing their authority to do so.

According to data announced by Department of Homeland Security Secretary Kristi Noem on February 26th, within a month of President Trump taking office, around 20,000 undocumented immigrants had been arrested (compared to only 33,000 arrests for the entire previous year), including those without criminal records. ICE data from early this month showed a 334% increase in the number of arrests of undocumented immigrants with no criminal record from mid-January to mid-February.

Undocumented immigrants with criminal records are the primary targets for deportation. However, the Laken Riley Act signed by Trump mandates the mandatory detention of undocumented immigrants accused of low-level crimes such as theft or shoplifting (regardless of conviction). According to the Migration Policy Institute, only 29% of detainees at ICE facilities as of mid-February had criminal conviction records.

In January, the Department of Homeland Security issued a memorandum requesting state and local law enforcement assistance in immigration enforcement. ICE is signing 287(g) agreements with law enforcement agencies nationwide, with more state and local officials waiting to join enforcement efforts.

Chen Chuangchuang noted that individuals detained in immigration detention face unfavorable conditions. While those arrested have the right to apply for bail, finding a suitable guarantor is not easy. The guarantor must be a U.S. citizen or green card holder and meet income, tax, housing, and employment requirements. If bail cannot be arranged, individuals may have to wait for their “day in court” inside the detention center, which could range from two to three months to over six months, making it difficult to prepare their case while in prison.

Even individuals who did not directly cross into the U.S., such as those who entered on a B2 tourist visa and are now in the country illegally, may face arrest if their asylum interview is pending or they are awaiting a court hearing. While individuals may be detained by ICE, they are still entitled to seek relief from an immigration judge at their court hearing, albeit while waiting inside the detention facility.

Chen Chuangchuang further stated that the backlog of cases at U.S. Citizenship and Immigration Services (USCIS) is significant, with over 4 million pending cases, including less than half related to asylum applications. This category of cases reached over 1.44 million in December last year, and it is estimated to have exceeded 1.5 million now.

Recent significant personnel changes at USCIS, including the termination or resignation of approximately 40 immigration judges, have further slowed down case processing. Additionally, under administrative pressure, immigration judges may conduct stricter reviews, potentially denying extensions or granting less time for case preparation.

Chen Chuangchuang believes that with increased funding from Congress, ICE’s enforcement capacity may rise. Individuals who currently assume they will not face consequences could end up in immigration detention awaiting review.

Therefore, he advises asylum applicants waiting for interviews to prepare their materials thoroughly to avoid being caught off guard when the time comes.