Criminal Defense Lawyers

New York City Deportation Defense Lawyer

Last Updated on: 8th December 2025, 03:03 pm

If you are facing deportation in New York City, you already know the fear that comes with it. The possibility of being separated from your family, your job, your entire life here in the United States. Everything you have built could disappear. This is not an exaggeration. This is the reality for hundreds of thousands of people in NYC right now, and the situation has changed dramatically in 2025.

Immigration enforcement in New York has escalated to levels not seen in decades. Since January 2025, ICE has issued over 6,000 arrest requests in New York City alone. More troubling is what is happening inside the immigration courts themselves. Something that most lawyers are not telling their clients. Going to your scheduled court hearing at 26 Federal Plaza or 290 Broadway could now result in your arrest. This is not fear-mongering. This is what is actually happening.

This article will explain exactly what you are up against in 2025, what defenses actually exist, and what has changed so dramatically that even showing up to court requires a new strategy. If you have a removal case pending, or if you have been avoiding court entirely, you need to understand the current landscape before making any decisions.

The 2025 Courthouse Arrest Crisis

OK so heres what nobody is telling you about NYC immigration court right now. Since May 2025, ICE agents have been making arrests directly at the courthouse. Were not talking about picking people up at there homes or workplaces. There walking into 26 Federal Plaza, 201 Varick Street, and 290 Broadway and arresting people who showed up for there scheduled hearings.

The numbers are staggering. Over 460 ICE arrests have occured at NYC immigration courts since this started. Thats more then any other city in the country. People who did everything right – showed up on time, brought there documents, were ready to fight there case – ended up in handcuffs instead.

Heres the kicker. ICE has developed a new strategy that basically turns the court system into a trap. There filing whats called “oral motions to dismiss” at a rate 633% higher then before May 2025. What does this mean? ICE asks the judge to dismiss your case. Sounds good, right? Its not. The second your case is dismissed, your no longer protected by the court process. ICE agents waiting outside the courtroom arrest you immediatly and put you into something called expedited removal.

Let that sink in. You thought you were going to court to fight your case. Instead, the government dismissed your case specifically so they could arrest you and deport you faster without giving you any hearing at all.

Between May 20 and July 28, 2025, ICE filed 268 oral motions to dismiss at Federal Plaza alone. And heres whats really concerning – 86.5% of these motions were decided the same day they were filed. Your supposed to get 10 days to respond to a motion. Instead, people are getting there cases dismissed and getting arrested within hours. The NYC Bar Association has called this a violation of due process, but its still happening.

Expedited Removal – The Deportation Fast-Track

Look, you need to understand what expedited removal actually is because its probably the biggest threat facing immigrants in NYC right now.

Before January 2025, expedited removal was mostly used near the border. It was designed for people caught within 100 miles of the border who had just entered the country. The Trump administration expanded it. Now it applies to anyone in the entire United States who has been here less then two years.

Think about that for a second. If you entered the country less then two years ago, you can be deported without ever seeing an immigration judge. No hearing. No chance to explain why you deserve to stay. No opportunity to apply for asylum or any other relief. ICE makes the decision, and your gone.

This is why the courthouse arrests are so dangerous. When ICE dismisses your case and arrests you, there not putting you back into regular removal proceedings. There putting you into expedited removal. Even if you have a legitimate asylum claim. Even if you have US citizen children. Even if youve been waiting years for your day in court. Doesn’t matter.

Now theres been some legal pushback. A federal judge paused the expansion of expedited removal on August 30, 2025. But the litigation is ongoing, and ICE continues to use this strategy aggressively. If you entered the US less then two years ago, you are at extremely high risk and need to speak with an attorney immediately.

Who Is Most At Risk Right Now

Not everyone faces the same level of danger. But certain groups are being targeted more aggressively then others in 2025. You need to know if your in one of these categories.

Recent Arrivals (Under 2 Years)

If you entered the United States less then two years ago, your the primary target for expedited removal. It doesn’t matter if you have a pending asylum case. It dosnt matter if you have US citizen children. Under the current rules, ICE can deport you without a hearing. Period.

People With Criminal Records

Even minor criminal convictions are being used to justify detention and removal. A DUI from five years ago. A shoplifting charge that got dismissed. These things that might not matter in other contexts absolutely matter for immigration purposes. If you have any criminal history, you need to understand how it affects your case before your next court date.

Those With Old Deportation Orders

If you have an old removal order that was never executed, your actualy in a particularly dangerous position. ICE can execute that order at any time. Theres no statute of limitations. Some of the 250,000 NYC residents with deportation orders have been living here for decades. That dosnt protect them anymore.

Asylum Seekers From Certain Countries

Asylum claims from Central America, in particular, are facing heavy scrutiny. Judges are denying claims they might have granted a few years ago. If your from Guatemala, Honduras, or El Salvador, you need especialy strong evidence and especialy good legal representation.

How Cases Get Built Against You

So your probly wondering how you ended up in removal proceedings in the first place. Understanding this matters because it affects your defense options.

The process starts when ICE issues whats called a Notice to Appear, or NTA. This is the charging document. Its going to list the reasons the government beleives you should be deported. Common reasons include overstaying your visa, criminal convictions, fraud or misrepresentation on immigration applications, or entering without inspection.

Heres something alot of people dont realize. Once you recieve that NTA, it triggers whats called the “stop-time rule.” If your building towards the 10-year requirement for cancellation of removal, that clock just stopped. Every day after you get the NTA dosnt count towards your ten years. This is why getting legal help early is so critical.

Sound familar? You came to the US, worked hard, stayed out of trouble, and assumed that after enough time you’d have options. But if ICE issued you an NTA before you hit 10 years, those options just got alot more limited.

The criminal issues are particularly tricky. An “aggravated felony” under immigration law isnt what you’d expect. Theft with a one-year sentence can be an aggravated felony. So can certain fraud offenses. And if you have an aggravated felony, your basically locked out of most forms of relief. No cancellation of removal. No asylum. Your only options might be withholding of removal or CAT protection, and even those have gotten harder in 2025.

Defenses That Actually Work in 2025

Alright, lets talk about what defenses are actualy available. Because despite everything Ive described, there are still ways to fight deportation. But you need to understand which ones apply to your situation.

Cancellation of Removal for Non-Permanent Residents

This is probly the most common form of relief, but its also one of the hardest to win. Under 8 USC 1229b, you need to prove four things:

First, you’ve been physicaly present in the US for at least 10 years continuously. Second, youve been a person of good moral character for those 10 years. Third, you havent been convicted of certain crimes that automaticly disqualify you. Fourth – and this is the hard part – you have to prove that your deportation would cause “exceptional and extremley unusual hardship” to a US citizen or permanent resident spouse, parent, or child.

That hardship standard is brutal. Its not enough that your family would miss you. Its not enough that theyd struggle financialy. You have to show hardship “substantially beyond” what any family would experience. Kids in school, medical conditions, lack of family in your home country – these all matter, but there not guaranteed winners.

And heres another thing most lawyers dont mention upfront: only 4,000 people per year can recieve cancellation of removal nationwide. Thats it. Even if you qualify, you might not get it just because the cap was reached.

Asylum

Asylum is available if you have a genuine fear of persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group. But theres a critical deadline: you must apply within one year of entering the United States.

Missed that deadline? Your not completely out of options, but they get alot harder. You’d need to show “changed circumstances” or “extraordinary circumstances” that explain the delay. And with the current enforcement environment, judges are scrutinizing these claims more then ever.

If you win asylum, you get a path to a green card and eventually citizenship. You can include your spouse and unmarried children under 21 on your application. Its the gold standard of relief. But its also getting harder to win, especially for Central American applicants.

Withholding of Removal

This is like asylum’s less attractive cousin. Theres no one-year deadline, which is good. But the standard is higher – you have to prove its “more likely then not” that you’d face persecution, not just that you have a “well-founded fear.”

The bigger issue? Withholding of removal dosnt give you a green card. It only prevents deportation to your specific home country. You cant bring family members. And heres the really scary part for 2025: ICE issued a directive in February 2025 encouraging deportation to third countries for people with withholding protection. So even if you win, they might try to send you somewhere else.

Convention Against Torture (CAT) Protection

CAT protection is the last resort, and sometimes its the only option. If you have an aggravated felony that bars you from everything else, you can still apply for CAT. You have to prove its more likely then not that you’d be tortured if returned – and that the torture would be by the government or with government knowledge.

Like withholding, CAT doesn’t give you permanent status. And like withholding, ICE is now trying to deport CAT recipients to third countries.

The NYC Backlog Reality

OK so you might be thinking, at least I have time to prepare my case, right? Not exactly.

New York City has aproximately 240,000 pending immigration cases. Thats the second-largest backlog in the country, behind only Miami. According to EOIR statistics, if your filing a new case today, your looking at a wait that extends into the early 2030s.

But wait – I thought the government wanted to deport people faster? They do. And thats exactly why the courthouse arrest strategy is so effective. Instead of waiting years for your case to come up, ICE dismisses your case and puts you into expedited removal. No more backlog problem because your not in the regular court system anymore.

The backlog creates a strange dynamic. On one hand, you might wait 5+ years for a hearing. On the other hand, you might show up to court and get arrested before you even see the judge. Neither situation is good.

And the sanctuary city protections your counting on? There under attack too. The federal government sued NYC in July 2025 over its sanctuary policies. Mayor Adams has signaled he wants to modify the citys cooperation with ICE. The rules that have protected immigrants here since 1989 may be changing.

What To Do If Your Facing Deportation Right Now

Guess what – despite all of this, there are still steps you can take to protect yourself. But you have to be strategic.

If You Have a Court Date Coming Up

Do not skip your court date. I know what I said about courthouse arrests. But missing court is worse. If you dont show up, the judge will issue an automatic removal order. You’ll be barred from returning to the US for 10 years. And you wont have any of the defenses we discussed.

Instead, get an attorney before your hearing. Seriously. With legal representation, children in immigration court have a 90% success rate. Without an attorney, they have an 85% chance of being deported. Adults fare even worse without representation. The Legal Aid Society and NYIFUP provide free representation for detained individuals.

Never go to immigration court without having spoken to a lawyer first. Even a brief consultation can help you understand your risks and options.

If Your Not Yet in Proceedings

Document everything. Keep records of your time in the US – leases, utility bills, tax returns, childrens school records. This evidence matters for cancellation of removal.

Stay out of legal trouble. A single criminal conviction can destroy your immigration case. Even minor offenses can have major consequences. DUIs, shoplifting, domestic disputes – all can trigger deportation.

If you think you might qualify for relief, talk to an immigration lawyer now, not later. Remember the stop-time rule. Every day counts towards that 10-year requirement until you receive an NTA.

If Your Already in Expedited Removal

This is the most dangerous situation. You have very limited options. But you can request a “credible fear” interview if you have an asylum claim. This is your chance to get out of expedited removal and into regular proceedings.

Request to speak with a lawyer immediately. Document any conditions of detention. If ICE is trying to deport you to a country where youd face torture or persecution, make that clear in every interaction.

Three Mistakes That Destroy Cases

Ive seen good cases fall apart because of simple mistakes. Dont let this happen to you.

Mistake #1: Talking to ICE Without a Lawyer

ICE agents are trained interrogators. Anything you say can and will be used against you. People think being cooperative will help them. It dosnt. It gives ICE more evidence. Never answer questions from ICE without an attorney present. You have the right to remain silent. Use it.

Mistake #2: Filing the Wrong Applications

Some people file asylum applications just to buy time, without having a real claim. This backfires terribley. A frivolous asylum application can permanantly bar you from other forms of relief. Same with applications that contain any false information. Immigration judges dont forget, and neither does the computer system.

Mistake #3: Representing Yourself

Immigration law is incrediblly complex. Even lawyers who practice other areas of law get it wrong. The forms are confusing. The deadlines are strict. The consequences of mistakes are severe. I cannot stress this enough – get professional help. Free resources exist through Legal Aid, Catholic Charities, and NYIFUP if you cant afford a private attorney.

What Happens Next

The situation in New York is serious. Make no mistake about that. ICE is more agressive then its been in years. The courts are being used as traps. Sanctuary protections are under legal attack. And 250,000 NYC residents already have deportation orders against them.

But cases are still being won. People are still getting cancellation of removal. Asylum claims are still being granted. Attorneys are finding creative ways to protect there clients even in this environment.

The key is acting now. Not next week. Not after your court date. Now. Because the rules are changing fast, and the window for certain defenses may be closing.

If your facing deportation in New York City, you need an attorney who understands the current landscape – not what the law was five years ago, but what its like to walk into 26 Federal Plaza today. You need someone who can evaluate whether your at risk for courthouse arrest. Who knows the difference between expedited removal and regular proceedings. Who can tell you honestly weather you have a case or not.

Time matters. Get help now.