Is It Safe to Go to My ICE Appointment or Will They Deport Me?

If you have been granted prosecutorial discretion (PD), it means that Immigration and Customs Enforcement (ICE) decided to stop actively pursuing your removal from the United States. This could be due to the priorities of the current presidential administration or because of compelling circumstances in your own life. Because ICE does not have sufficient resources to detain and deport every undocumented immigrant it apprehends, PD is a means of ensuring that ICE can keep track of certain individuals without actively moving forward with their deportation.

But they can change their mind, and have increasingly been doing so in line with the second Trump administrations policy of mass deportations. We'll get into this challenging territory below.

What Is a Prosecutorial Discretion Appointment or Supervised Visit?

One of the common conditions of a grant of PD are routine check-ins, or supervised visits, at an ICE office. These appointments can be as often as monthly to as infrequent as once per year.

At the appointment, you will meet with an official who will go over the details of your case and review any new issues (such as criminal arrests or new requests for immigration relief). ICE will make a determination as to whether to allow you to check-in again at a later date or whether or not it intends to proceed with your removal from the United States. In the worst case, it could arrest you on the spot and send you to detention.

There is no right to appeal a denial or discontinuation of PD, but you might be eligible for other forms of immigration relief if ICE pursues your deportation.

When Might ICE Schedule Another Types of Appointment?

In addition to regular or annual appointments, ICE might call you in for something unusual. This could be legitimate; or it could be a setup, indicating that ICE plans to arrest you.

For example, people have reported being called into ICE to supposedly get their ankle shackle removed or fixed, to get their fingerprints taken, or to verify their address. If you receive such a notification, speak immediately to an attorney or a community organization.

For more about the risks and recommendations regarding ICE check-ins (regular or unusual ones), see these info sheets from the Community Justice Exchange, in English and in Spanish.

What Should I Do If I Have an Upcoming ICE Appointment?

Remember that if you fail to go to your regular PD check-in, you will be considered a fugitive and will always be a target for immigration enforcement. If you are found, you will be detained and determined to be a flight risk in the future. It is extremely difficult to live this way.

In past years, normal ICE policy was to not arrest immigrants at sensitive or protected locations such as churches, schools, and hospitals. However, the first Trump administration often ignored this longstanding policy, and the second one is operating in the same way.

What's more, experts report that people who attend their ICE appointments are being scrutinized like never before. Officers look in particular for past orders of deportation in the person's file (despite the fact that you have a right to remain for as long as the case is on appeal), or evidence that they could have been subject to expedited removal (as discussed further below) but this wasn't pursued.

To help you decide what's safe, seek counsel from an experienced immigration attorney who can guide you through the process and the risks involved in not attending your check-in. Your attorney can also review potential options for relief from deportation that might still be available or can help you to reopen your immigration court case. Even if you have attended a supervised visit with ICE in the past, you might have a much different experience this time due to the change of the administration's priorities.

Second, if you plan to attend your appointment, you should bring evidence that you have been a law-abiding citizen since your last appointment as well as any documentation showing that the continuation of PD is warranted due to positive factors in your case. (For details on the factors the U.S. government considers, see Which Undocumented Persons Can Be Helped by Prosecutorial Discretion.)

Consider traveling with a group of supportive individuals, if possible. Some people actually hire two attorneys to go along with them. In some cases, it can help to show that strong community support for one's plea to remain in the United States. For example, one immigrant activist on an order of supervision held a rally outside his PD appointment location and was allowed to remain in the U.S. for the moment.

Finally, you should make preparations for the worst-case scenario, which could mean being detained or deported depending on the circumstances of your individual case. See Who Will Care for My Child If ICE Arrests or Deports Me?.

What to Do If You Have a Pending Case in Immigration Court

If you were granted PD in immigration court, likely it is because the judge and ICE agreed to either administratively close your pending deportation case, dismiss it, or "continue" it (postpone to a later date).

If ICE notifies you at your PD appointment that it intends to move the court to reopen your case to pursue deportation, you should contact an immigration attorney immediately to discuss your options. You might have already applied for cancellation of removal or asylum or you might want to consider applying for certain types of deportation relief in the future.

What to Do If You Have a Final Order of Removal From the Immigration Judge

Sometimes PD is granted after an immigration judge has already ordered someone removed from the United States. If you did not appeal your court case, this is considered a final order of removal and you can be deported at any time if the government decides to end its grant of PD.

If you have a final order of removal, there is a chance that ICE can immediately deport you when you go to your supervised visit. There are reports of individuals who were deported right away or who were given a "bag and baggage letter" informing them to report to an ICE facility at a later date, essentially turning themselves in to be deported at that time.

In this case, you should make arrangements for the care and custody of any minor children living in the United States. Advise trusted friends or family members of any important details in your life before you report to your PD appointment.

Additionally, it might be worthwhile for you to have a bag packed or a list of items that you would like family members to pack, an international calling card, and potential arrangements for accommodations in your country of origin.

What to Do If You Could Be Subject to Expedited Removal

The second Trump administration has vastly expanded the class of immigrants that are subject to expedited removal. This means that if you entered the U.S. unlawfully and meet certain other criteria, you could be ordered deported without the chance to see an immigration judge. This is a potential problem even if your entry wasn't recent; for instance, if you were apprehended near the border years ago but your case wasn't pursued.

Also, if you overstayed your welcome on the Visa Waiver Program, you could also be deported without a court hearing.

If you have been granted PD and fit one of these categories, it is especially important that you seek legal advice before your check-in as well as follow the family preparedness advice above.