ICE Check-In Appointments Are Being Used as a Trap

The contents of this article does not constitute legal advice. This article is intended for general information purposes only. If you need legal advice, please contact us at Murph & Tchamda Law for a consult or another attorney.  

You have done everything right.

You filed your asylum application on time. You attended every court hearing. You kept your address updated with immigration authorities. When ICE sent you a notice to appear for a routine check-in appointment, you showed up because that is what you do when you are trying to follow the rules.

However, you never get to go home.

Your children waited. Your attorney made calls. Somewhere between the moment you walked through that door and the moment it closed behind you, a person with a pending asylum case, a case that had not been decided, and a case where no judge had ruled against him/her, you were placed in detention.

This is not an isolated story. It is a pattern. It is time to call it what it is. This is the new norm. Unfortunately, we have heard this story at Murph and Tchamda Law far too many times.

Check-in appointments were never designed to be an ambush. Now, they are being used as one.

What Check-In Appointments Were Supposed to Be

For years, ICE check-in appointments,  formally known as ERO (Enforcement and Removal Operations) check-ins, served a specific, practical purpose: to monitor individuals who were not detained but were subject to immigration proceedings. Think of them as a way to maintain contact, verify addresses, and ensure people are engaging with the legal process.

They were, in essence, a compliance mechanism. A way to say: we know you are here, we know your case is ongoing, and we expect you to keep showing up.

Attorneys advised clients to go. Nonprofits helped people prepare. Check-ins were treated as a bureaucratic inconvenience, not a threat. The understanding, built over years of practice and precedent, was that individuals with pending cases in good standing had little reason to fear the appointment itself.

That understanding is now dangerously outdated.

What Is Happening Now

Across the country, immigration attorneys are reporting the same thing: clients are showing up to scheduled check-in appointments, appointments they were required to attend, and being detained on the spot, even when their asylum cases are still open and unresolved.

No final order of removal. No judge ruled against them. No new criminal charge. In many of these cases, the only thing that changed is that someone in an enforcement agency decided that a pending case was no longer sufficient reason to let a person walk out the door.

In some cases, families are learning their loved one has been detained not from an official notice, but from a phone call made from inside a detention facility.

The legal proceeding, the asylum case, does not stop. It continues. But the person fighting it is now doing so from behind bars, often far from their attorney, far from their family, and far from the documents and evidence they need to present their case.

That is not a coincidence. That is a strategy. Hiring an attorney after detainment, usually leads to higher fees and a tougher case to navigate. This is not just our experience at Murph & Tchamda Law but the case nationwide.

You cannot claim to respect a legal process while simultaneously using administrative power to make it impossible to participate in that process.

Why This Is a Problem Beyond Immigration Enforcement

There is a principle at the heart of the American legal system: the right to be heard. Whether you are a citizen or not, whether you were born here or fled here, the idea that you deserve an opportunity to present your case before a decision is made about your fate is foundational and constitutional.

Re-detaining someone during a pending asylum proceeding does not just inconvenience them. It undermines their ability to exercise a legal right that Congress explicitly created. Asylum law exists because the United States made a commitment through domestic statute and international treaty that people fleeing persecution would have a meaningful opportunity to make their case.

Detaining someone mid-process, before that case is resolved, tips the scales. It pressures people to abandon valid claims, not because their case is weak, but because the cost of fighting from detention is simply too high. Separated from children. Cut off from attorneys. Moved to facilities hours away. The message is not subtle: give up.

Some do. And that is exactly the point.

The Chilling Effect Nobody Is Talking About

Here is the part that does not make headlines but matters enormously to anyone working in immigration law: people are starting to not show up.

When word spreads that check-in appointments are resulting in detention, even for people with open cases, individuals and families face an impossible choice. Attend the appointment and risk detention. Skip it and be labeled a fugitive, which damages their case and can lead to a removal order in absentia.

There is no good option. That is not an accident.

Missing a required check-in can result in an order of removal issued without the person ever getting to present their asylum case. The trap works both ways.

Attorneys are now spending significant time counseling clients on this dilemma, time that should be spent preparing asylum cases. Community organizations are fielding calls from terrified families who do not know whether showing up or staying home will destroy their loved one’s chances. The fear is real, and it is spreading.

Public trust in the check-in system, a system that depends on voluntary compliance to function, is eroding. Once that trust is gone, it is very difficult to rebuild.

This Is Not Just About Immigrants

It is tempting to frame this as an issue that only affects a specific community. It is not.

When enforcement agencies operate without clear, predictable rules and when a scheduled administrative appointment can become a detention without warning or legal justification, everyone should pay attention. The integrity of a legal system is measured not by how it treats the powerful, but by how it treats the most vulnerable.

Using compliance mechanisms as enforcement traps does not make the country safer. It does not remove dangerous individuals from communities. The people showing up to these appointments are, by definition, the ones who have been following the rules, maintaining contact, attending hearings, and engaging with the process.

They are not evading the system. They are trusting it and right now, that trust is being weaponized against them.

The people being detained at these appointments are not the ones hiding. They are the ones who showed up.

What Should Happen

The solution is not complicated, even if the politics around it are. People with pending asylum cases, cases that are actively in front of an immigration judge or asylum officer, should not be detained at routine check-in appointments absent a specific, articulable legal basis beyond the existence of immigration proceedings.

Congress created asylum as a legal process. That process has to mean something. It cannot mean something if the government can sidestep it entirely by detaining the applicant while the case is technically still open.

Courts are beginning to take notice. Attorneys are filing emergency motions. Advocacy organizations are documenting cases. However, the system is slow and the harm is happening now to real families in real communities every week.

In the meantime, if you or someone you love has a check-in appointment scheduled and a pending asylum case, please do not walk into that room without speaking to an attorney first. This is paramount to your freedom and case. Contact Murph & Tchamda Law today so we can prepare you or a loved one with an in depth knowledge of the tips below and with the best chance of making it home.

If You Have a Check-In Appointment: How to Prepare

If you or a loved one has an upcoming ICE check-in appointment and an asylum case that is still pending, do not walk in unprepared. The landscape has shifted. What was once routine now requires serious, deliberate preparation. Here is what you should do before that appointment.

1. Contact an Immigration Attorney Immediately

This is the single most important step. An experienced immigration attorney can review the current status of your case, assess your specific risk level, and advise you on whether and how to attend. In some situations, an attorney can accompany you, file protective motions in advance, or communicate with ICE on your behalf before the appointment date. Do not wait until the day before.

Above all, be proactive before your appointment. Our clients have hired us before check-ins and after check-ins which unfortunately is many times after detainment. If you contact an attorney after detainment, the battle becomes that more uphill. ICE is moving immigrants all across the country and making it harder for detainees to contact loved ones and hire an attorney in a fast-moving and distressing situation. If you do not have an attorney, you run the high risk of being detained and deported in as little as a week.

The new norm is for detainees to be transferred to another state and then deported to their country of origin or a country who the U.S. has an Asylum Cooperative Agreement with for deportation. If you already have an attorney and should you be detained, they can locate you quicker and proceed with the course of action to maintain your stay in the U.S. and secure your release.

2. Gather and Organize All Case Documents

Bring copies, not originals of everything related to your immigration case. This includes your asylum application and receipt notice, any notices from EOIR or USCIS, prior hearing notices and transcripts, your attorney’s contact information, and any evidence submitted in support of your case. If you are detained, having documentation of your pending case readily accessible can make a critical difference in the hours that follow.

At Murph & Tchamda Law, we ensure we have copies of all documents on file. We also recommend clients give copies to a trusted family member or friend.

3. Make a Safety Plan With Your Family

Before you go to any check-in appointment, make sure your family knows exactly what to do if you do not come home. This means designating a trusted person to call your attorney immediately, identifying who will care for your children, having your A-Number (alien registration number) written down and accessible to family members, and knowing which detention facility ICE typically uses in your area. This is not pessimism. It is preparation.

A safety plan is vital in this unpredictable climate. Give yourself and your loved ones peace of mind by having a plan of action should you be detained. We help our clients devise their safety plans and routinely make sure it is updated with the latest information. Our clients often feel anxiety at the start of this process but feel so much more prepared and calmer after knowing they have a plan in place that will take care of their interest and their family's interest and well-being.

4. Do Not Sign Anything Without Your Attorney Present

If ICE agents present you with any documents during your check-in, including voluntary departure forms, stipulated removal orders, or any other paperwork, do not sign anything until you have spoken with your attorney. Signing certain documents can waive your right to appeal or even accelerate your removal. You have the right to refuse to sign and to request to speak with counsel.

We advise our clients to keep a copy of the G-28 on them at all times to show immigration authorities. A G-28 notifies individuals that you have an attorney representing you in your immigration proceeding and is the point of contact. This form also allows your attorney to receive important updates about your case and communicate on your behalf.

5. Know and Assert Your Rights

You have the right to remain silent beyond providing your name and showing identification. You have the right to speak with an attorney before signing any documents. You have the right to know why you are being detained. Politely but clearly assert these rights if the situation escalates. Do not argue, resist physically, or make statements about your case without your attorney present.

If you have an attorney and your G-28 on you, show it to authorities and state you would like to speak to your attorney and remain silent.

6. Have Someone Wait Outside

If possible, have a trusted family member, friend, or advocate wait outside the building during your appointment. Give them your attorney’s number, your A-Number, and instructions to call immediately if you do not emerge within a reasonable time. This person becomes your lifeline if you are detained without warning. This can be the same person in charge of implementing your safety plan. 

The time to prepare is before the appointment, not after. If you are detained, the first 24 to 48 hours are the most critical window for your attorney to act. Make sure someone can reach them the moment something goes wrong. If we believe the risk of detainment is high, one of our attorneys at Murph & Tchamda Law will accompany you to the check-in to ensure the best possible chance that you are able to leave after the appointment.

At Murph & Tchamda Law, we know how frightening this moment can feel. You have questions, your family is worried, and you are not sure who to trust. We are here. Our team has helped families navigate exactly these situations, and we are ready to help yours. Reach out today!  Your first consultation is the first step toward clarity.