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Aggressive Enforcement in Protected Spaces
In a powerful piece published by the American Immigration Lawyers Association (AILA), legal scholars Heather Hogan, Cristina Rodriguez, and Vanessa Dojaquez-Torres examine how arrests by Immigration and Customs Enforcement (ICE) at USCIS field offices and immigration courts marked a significant departure from long-standing practice. Traditionally, these venues offered a safe space where individuals could seek relief, attend interviews, and receive fair adjudication. Under the Trump administration, however, these “safe” venues were redefined as strategic enforcement zones.
The shift created an atmosphere of fear and hesitation among immigrants, discouraging even those eligible for legal relief from interacting with the system. The authors argue that this change disrupted trust in government institutions and stifled access to justice.
Due Process Undermined by Enforcement Operations
The overlap between adjudication and enforcement has fundamentally compromised due process protections. When individuals attending their hearings or interviews risk immediate arrest, the concept of fair proceedings becomes illusory. According to AILA, the presence of ICE agents at USCIS or EOIR appointments has had the dual effect of stripping immigrants of legal protections and compromising their ability to secure representation.
This enforcement-first approach has caused significant harm—not only to the individuals detained, but also to the legal and ethical foundation of the U.S. immigration system.
Interagency Coordination and Loss of Institutional Independence
AILA’s blog highlights how the Trump administration encouraged coordination between USCIS, EOIR, ICE, and even U.S. Attorneys to prioritize enforcement over service. USCIS, once viewed as a benefits-granting agency, increasingly served as a venue for arrest and removal. EOIR, designed to function as a neutral court, began to resemble an enforcement tool.
This convergence of functions undermines the very institutions that should serve as neutral arbiters of immigration law. The result: a loss of public trust, a growing backlog of unrepresented individuals in immigration court, and a steep decline in system credibility.
Perhaps the most dangerous consequence of these policies has been the “chilling effect” on immigrant engagement. Fear of detention has prevented countless individuals from appearing for interviews, applying for lawful status, or complying with court proceedings. The result is not only fewer pathways to lawful presence—but also increased vulnerability, legal confusion, and family separation.
These actions have had far-reaching implications, stalling efforts toward a functional, fair, and humane immigration process in the United States.
Call to Action for Reform
In response, AILA calls for strong corrective action. Key recommendations include:
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Congressional oversight into enforcement actions in adjudicative settings.
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Separation of service and enforcement functions within immigration agencies.
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Restoration of institutional credibility through protective policies that promote due process and ensure legal representation.
These reforms aim to not only reverse Trump-era practices but to rebuild long-term structural integrity within the immigration system.
How Spar & Bernstein Can Help
At Spar & Bernstein, we believe in restoring confidence and fairness to the immigration process. Our legal team provides strategic representation for clients facing challenges from past enforcement actions, including those affected by courthouse or USCIS arrests.
We also work closely with advocacy groups and lawmakers to support reforms that prioritize transparency, due process, and access to legal relief. Whether you’re preparing for a USCIS interview, responding to a Notice to Appear, or seeking relief from removal, our attorneys are committed to protecting your rights and securing the best possible outcome for your case.
Moving Forward With Trust and Legal Support
As the U.S. continues to evaluate the impact of past enforcement policies, the role of experienced immigration attorneys becomes even more crucial. Spar & Bernstein remains at the forefront of legal advocacy, defending immigrant rights while promoting a vision of an immigration system that is both just and functional.
We encourage anyone affected by past USCIS or EOIR enforcement practices to contact our office. Let’s work together to rebuild trust and ensure your voice is heard.