Debunking myths about immigration court: Six things you should know
A year after the Trump administration began its aggressive program of detaining and deporting people accused of being in the country illegally, misunderstandings about the structure and purpose of immigration court abound. Some people mistakenly believe that criminal cases are handled at immigration courts, or that the hearing rooms are located in federal courthouses. We put together this primer to answer your questions.
What is the difference between immigration court and other courts, such as superior court or federal court?
Immigration court is a civil, administrative proceeding that does not take place in a regular courthouse. Instead, immigration hearings are held in office buildings that are leased or owned by the federal government.
In Sacramento, the cases are heard at the John Moss Federal Building downtown, which also houses the offices of Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services, and some other functions of the Department of Homeland Security.
Although immigration courts are part of the federal government, they are not the same as federal courts, and the buildings in which they are located are not federal courthouses. Rather, they are administrative courts under the control of the United States Department of Justice. Federal courts are separate structures where criminal and civil cases involving federal prosecutors and federal law are held.
“Immigration court solely deals with the availability of immigration benefits, and adjudicating claims of immigration status,” said Gabriel “Jack” Chin, who studies immigration law at UC Davis. “Immigration court has nothing to do with criminal prosecutions or lawsuits between parties.”
Are people in immigration court facing criminal proceedings?
There are no criminal proceedings taking place in immigration court. While it’s true that some people with immigration cases may also be facing criminal proceedings in superior court or federal court, such a situation is rare, Chin said. That’s because most people accused of crimes are held in jail while their trials play out, and would not be able to access immigration court until after those proceedings have been completed.
ICE is generally notified when undocumented immigrants convicted of serious crimes are released from prison, even in sanctuary states like California, making it unlikely that they would be available to attend hearings at immigration court, Chin said.
But isn’t it a crime to cross the border without papers or overstay your visa?
Yes and no.
It is a misdemeanor to enter the United States “without inspection,” meaning that you did not come in at a border crossing or a customs office at an airport, where an immigration official looked at your documentation and allowed you to enter. It is punishable by up to six months in prison, and subject to a five-year statute of limitations, meaning you cannot be prosecuted for the crossing itself if more than five years have gone by.
But in most cases it is not a crime to actually be in the country illegally, said Chin. And it is also not a crime to present yourself for asylum at the border, even if you are admitted to the country before your case plays out.
This means that people who overstayed their visas, for example, have committed no crime, even though they are by law eligible for deportation. Chin said it is very rare for people to be prosecuted for crossing the border illegally, in part because of the statute of limitations and in part because such an act would be very difficult to prove in court.
It is a crime, however, for people to be found back in the United States after they were deported. Such cases are handled in federal court by federal prosecutors, not in immigration court.
Are asylum seekers in the country illegally?
People who present themselves at the border to open an asylum claim are in a special category of the law and are not considered to have entered the U.S. illegally, Chin said.
“You’re allowed to come up and ask to be let in,” Chin said. “That is not an unlawful border crossing.”
When someone does that, they can be taken into custody for the duration for their court proceedings, or they can be allowed into the country on a type of bond or parole. During the Trump administration, such bond or parole has been severely restricted.
Is everyone in immigration court an asylum-seeker?
No. Some people with proceedings in immigration court are seeking asylum, meaning that they are trying to make a case that they should be allowed to remain in the United States because they have been harmed or have a legitimate fear that they will be persecuted, tortured or otherwise harmed if they return to their home countries.
But others seek to remain in the United States for other reasons. Some are trying get permission to stay because they are married or engaged to U.S. citizens. Foreign nationals living in the U.S. can petition to bring their spouses, children and other close relatives to the country, and family members who are here but without documentation can ask to stay to be close to loved ones.
Still more may be U.S. citizens, but need to prove that to the court.
If you are considered to be deportable, meaning that you came to the country illegally, overstayed your visa or committed some crimes, immigration court is the place where you would fight any removal proceedings.
Are immigrants still being arrested at immigration court?
Some 39 people were arrested at immigration court in Sacramento last summer under a new policy guideline issued by the Trump administration. The practice was put on hold by a federal judge in San Jose, who late last year ordered ICE to end such detentions at hearings in Northern California.
While arrests of immigrants attending their court hearings has stopped, some people are still being detained in the John Moss Federal Building if they go there for other business, including routine check-ins at the ICE offices located there.
Last week, Assemblymember Maggy Krell filed a lawsuit in federal court in Sacramento seeking information about those arrests, as well as a decision to keep reporters, lawyers and other members of the public out of the building for a time last June.
This story was originally published February 18, 2026 at 5:30 AM with the headline "Debunking myths about immigration court: Six things you should know."
