Facing Criminal Charges as an Immigrant: Will ICE Arrest Me at the Courthouse?

If you are not a U.S. citizen and you are facing criminal charges, you are carrying two fears at once: the criminal case itself, and what it might mean for your life in this country. Many immigrants ask the same urgent question: if I show up to court, will ICE be waiting?

First: do not skip court

Whatever your fears, failing to appear is the worst option. A bench warrant will be issued, your bail can be revoked, and you will face new charges — all of which make both your criminal case and your immigration situation dramatically worse. You cannot resolve a criminal case by hiding from it.

Can ICE arrest people at courthouses?

Yes, immigration enforcement at or near courthouses has occurred in New York and elsewhere. ICE officers can make civil immigration arrests in public spaces, including courthouse hallways and parking lots. This is a real concern, not a myth — and it is exactly why you should not walk into court unprepared or alone.

Your criminal case and your immigration case are connected

The single most important thing to understand: the outcome of your criminal case can determine your immigration future. Certain convictions — drug offenses, crimes involving moral turpitude, aggravated felonies, domestic violence offenses — can trigger deportation, block citizenship, or bar re-entry. A plea that looks "easy" in criminal court can be catastrophic in immigration court.

This is why your defense attorney must know your immigration status from day one. Tell your lawyer immediately if you are not a citizen — green card holder, visa holder, DACA recipient, or undocumented. It changes the strategy.

What your attorney can do

An experienced defense attorney can negotiate with immigration consequences in mind — seeking charges or pleas that avoid deportation triggers, and coordinating with an immigration attorney when needed. Your attorney can also advise you on court appearances, communicate with the DA's office, and in some circumstances seek accommodations.

Practical steps now

Tell your criminal defense attorney your exact immigration status. Do not discuss your status with police or prosecutors. Keep your immigration documents safe and accessible to your family. Make a plan with your family in case of detention — who picks up the children, who holds important documents, who to call.

You still have rights

Regardless of status, you have the right to remain silent and the right to an attorney in your criminal case. You do not have to answer questions about your immigration status from police. Exercise those rights.

Yvonne Garbett has 24 years of experience as a former prosecutor and defense attorney, and her office serves clients in English and Spanish. She understands how criminal charges and immigration consequences intersect — and how to fight for outcomes that protect both your case and your future in this country.

Get Help From the Law Office of Yvonne Garbett

If you or a loved one is facing a criminal charge, a DWI, or a family law matter in Rockland, Orange, or Westchester County, don't wait to get answers. The Law Office of Yvonne Garbett offers service in English and Spanish.

- Visit garbettlaw.com (https://garbettlaw.com) to learn more

- Call or text 845-290-2492 to talk about your next steps

Help is available in English and Spanish — reaching out is the first move toward protecting your future.

This article provides general information about New York law. It isn't legal advice for your specific case.