September Peace Coffeehouse: ICE and Immigration Courts

By Ashley Kurz, Managing Editor

The Western New York Peace Center (WNYPC) was founded in 1967 with the goal of violence prevention, peaceful conflict resolution and education. As part of their initiative, monthly coffeehouse talks are held and have been hosted at Canisius University for the past five years out of the thirty they have been running. Each month, speakers are brought in to share their experiences and knowledge about current issues affecting WNY. This month’s speaker was Julie Kruger, a Canisius alumna with an extensive immigration law background. Kruger owns and operates Kruger Immigration Law here in Buffalo, which helps with both family and employment-based immigration, business visas and more. Due to the recent political climate the monthly discussions have been Immigration and Customs Enforcement (ICE) related since January of this year. Kruger's goal for the event was to give a base level knowledge of the immigration process and recent ICE implementations. 

How do immigrants acquire citizenship? She explained that there are many ways to come into the United States, for example, family sponsorship, work sponsorship like highly skilled worker visas (H1-B) and the new Trump Gold Card. If an applicant gives $1,000,000 to the government then they can gain access to all states, if not then the process can range from 9-25 years. What we have been seeing recently is that those with a temporary status visa are running into issues even if they still have time in the country. Students with education visas, temporary work visas or visitor visa recipients have had that status unjustly revoked. 

Kruger then explained the legal authority of ICE agents. According to the law they are only allowed in public spaces if they do not have a warrant. This includes sidewalks, front/back yards, stores and hospitals, etc. Agents are only allowed to enter a private residence if they have a warrant signed by a judge, not anyone else. Warrants signed by ICE directors are not legally enforceable; only when a warrant has been approved and signed by a judge can they enter those private areas. Stopping people and asking questions about their immigration status is legal, but so is staying silent. Detainment is also legal in the case that ICE officers have a reasonable belief that a citizen is illegal. During detainment under section 287 of The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 only the minimum possible force is allowed. Technically no excessive force is allowed more because agents are supposed to deescalate situations rather than cause them. Detainments can occur in many different situations, an example Kruger gave was prisons. An inmate can be taken out of prison and put into ICE custody or once they are released, agents can meet them at the prison and put them in custody immediately. Both officers and jails work together in order to make situations like this occur. 

We learned that workplace raids can take months of investigation and planning and can begin due to anonymity tips or I-9 audits. It is important to remember that obstructing governance is illegal meaning that ‘protecting’ a certain person or group of people can lead to arrests. In these cases, hearsay is admissible, meaning that statements used outside of court can be brought before a judge as evidence. Sanctuary cities were brought up next, these are places in America that limit their cooperation with ICE enforcement. Buffalo is not considered a sanctuary city but places like Denver, CO., Boston, MA, and Portland, OR. are a few examples. In fact, since Buffalo is within 100 miles of an international border, ICE has additional authorities and often operates beyond their legal limit, as many “basic constitutional principles do not apply fully at our borders,” according to the American Civil Liberties Union. The Justice Department recently published a list that can be viewed online. Under the Trump administration these cities become increasingly more dangerous for both immigrants and those protecting them. 

There were then some questions about the detainment center in Batavia – Kruger suggested using TRAC reports for updates on any cases people want to be updated on. These can be found at tracreports.org, and is kept updated by those at Syracuse University. There were concerns about detainees in Batavia not receiving any shoes or books. We are unsure of whether those as well as Bibles and translation books are being withheld or not. 

As for the immigration courts, Kruger explained the process so that it was easier to grasp for those that are unfamiliar, which was most of us. It begins at the administrative executive courts, which we have 73 of across the country, and only three adjudication centers. Then appeals can be made and the Second Circuit Appeals then the Supreme Court. That is supposed to occur during the immigration court process. Typically the process stops around the appeal; there are so many rules that can affect those that choose to appeal in a negative way. You have short deadlines and even if you’re in the process of appealing a case there is always a chance of deportation regardless of where you’re at in terms of the court system. The prosecution is the Department of Homeland Security and the defense is the non-citizen. Having an attorney is considered a privilege rather than a right. There are many programs where lawyers can volunteer to stand but they were overwhelmed even before the Trump administration. 

A court meeting is only two to three hours long. The Department of Homeland Security are the only ones that can initiate a court hearing, which means immigrants have no power over whether their case is heard. The judge has a duty to develop the record, meaning that they should be asking questions and understanding the situation to the best of their ability. This doesn’t always occur but it is public information whether judges approve cases or not. Anyone can search the numbers online only needing the judge’s name if they have worked with asylum cases. Kruger told us about the options that can be used to avoid deportation. Voluntary departure means that you have to leave the country on your own within a specific time range – the option avoids a bar on returning to the country at some point in the future. There is an adjustment of status, meaning that getting a green card will help avoid deportation. Asylum or withholding is an option, as well as cancellation of removal. If a judge terminates the proceedings then an immigrant can legally avoid deportation. 

Kruger explained that there were 505,000 new cases filed this year on top of all the cases waiting to go to court. With only the 73 immigration executive courts in this country the overflow of processing is staggering. Last month, August 2025, there were 44,000 people removed from the country, more left in different ways that we are unsure of. Courts can be observed by anyone with no prior notice in most cases, for example Batavia does not allow this and Buffalo does, but in those cases there are many rules that need to be followed. 

Under the Trump administration, 100 immigration judges have been fired, and they have changed the rules on who can sit in as a temporary judge. This decision lets any attorney sit in as a judge on an immigration case. There is a clear danger in this power, and they have also gotten rid of bonds. Removals are also able to be expedited. This means that a person can be removed without a hearing before a judge with no appeal. The Trump administration immediately established this executive order. That is why we have seen so many people show up to courts and end up being deported the same day. ICE officers are able to be at immigration court hearings and terminate the proceeding, leading to an immediate removal. 

There is a lot more to know about the immigration issues in America, although Kruger did a fantastic job educating the public about these extremely scary times. She was professional and honest and when I had the opportunity to speak with her after the event I asked what she wished everyone would know about immigration. Kruger said, “the individuality of immigration cases makes it very specific… Reach out to an experienced counsel to help [that person].” We also discussed the evolution of immigration law and what she thought we might see down the road: “It is going to get more and more difficult to be successful in immigration court specifically.”

Canisius’ own Dr. Bisson was able to say a few words about the event as he has been a member of WNYPC for the last few decades. I wanted to know how they have been finding such educated speakers to come late on a Monday night to be there for the community. The WNYPC community reaches out as far as they can to educate others so they keep finding like-minded people to do the same. Bisson said that “The Peace Center is a wonderful umbrella of organizations and people who want to improve the world, in peaceful nonviolent ways.” Bisson also said that enrollment at the coffeehouse has been up since they started discussing ICE issues.

Later in the month will be their October Peace Coffeehouse: ICE & “the war on terror” given by Julia Hall on Oct. 27 from 7-9 p.m. in the Science Hall commons. Feel free to join an educated conversation with caring people from the community. For a narrative article detailing the experience on the border, Copy Editor Kaitlin O’Meara published “On migration with dignity” in the September 12 edition of The Griffin. There is also an event this Monday, Oct. 6 at 5 p.m. in the library learning center covering issues of migration, especially in relation to the borderlands and the realities of migrants.