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A confidential memo obtained by NBC News reveals that the Trump administration has quietly instructed immigration judges to dismiss pending immigration cases without standard procedural delays, allowing ICE to immediately arrest and detain individuals — often without giving them a chance to make their case for asylum.
Dated May 30, the Justice Department directive orders judges to forgo the typical 10-day response period granted to immigrants and instead grant oral dismissal motions on the spot, even without formal documentation.
“Oral Decisions must be completed within the same hearing slot on the day testimony and arguments are concluded,” the memo states. “[N]o additional documentation or briefing is required.”
Once cases are dismissed under this policy, the individuals are often placed into expedited removal proceedings, which strip them of access to further hearings and subject them to mandatory detention under ICE custody.
Legal and Ethical Concerns Raised
The immigration judges’ union has expressed deep concern over the move, which one source close to the union said “makes a mockery of the whole process.”
“They think it flies in the face of what Trump ran on,” said the source. “Immigration enforcement means it’s done in a fair manner … and this isn’t fair.”
Critics argue that the memo’s legal justification is based on a misstatement of immigration law. The memo paraphrases the Immigration and Nationality Act (INA), claiming judges may dismiss cases when “circumstances have changed to such an extent that continuation is no longer in the best interest of the government.”
But the statute’s actual wording is more precise: dismissals are allowed only when “circumstances of the case” have changed — a critical difference, according to legal experts.
“The omission of the words ‘of the case’ is deliberate,” said Greg Chen, senior director at the American Immigration Lawyers Association (AILA). “They are trying to avoid speaking to the individual case. That violates the law.”
System Overload and Resource Shortfalls
Jason Houser, who served as ICE chief of staff during the Biden administration, said the new tactic may allow ICE to arrest more individuals, but won’t help expedite deportations due to the lack of detention space.
“Flooding the system with thousands of noncriminals wastes time and resources,” Houser said. “Federal law enforcement should be focused on national security threats.”
As of May 23, ICE held over 51,000 immigrants in custody — far exceeding the 41,500 beds it is funded for. Running above that threshold, former officials warn, may soon trigger court penalties for unsafe or overcrowded conditions.
Impact: Fast-Track Deportations Without Due Process
The memo’s implementation reflects a broader Trump-era strategy of using administrative maneuvers to expand detentions and deportations without engaging in direct public or congressional battles.
It also underscores the executive branch’s control over immigration courts, which unlike criminal courts are not part of an independent judiciary but operate under the authority of the Department of Justice.
Immigrants affected by the policy are often those with work permits, legal status, or pending claims, many of whom had previously passed background checks and were pursuing relief through the court system.
Legal observers warn that by bypassing individual case reviews, the administration is not only pushing the boundaries of immigration law but may also violate constitutional protections — setting up a likely showdown in federal courts.
“This is about volume and optics, not justice,” one former immigration official said.
As legal challenges loom and detention centers overflow, the memo offers a stark snapshot of the Trump administration’s approach: swift removals, maximum arrests, and minimal oversight — even at the cost of legality and fairness.
