Immigration Arrests Inside of Courthouses

According to the U.S. Immigration and Customs Enforcement's website now that some law enforcement agencies no longer honor ICE detainers, or limit ICE’s access to their detention facilities more arrests of aliens are occurring at courthouses. Previously most aliens arrested at a courthouse would have been turned over by local authorities to ICE, upon their release from prison or jail, based upon an ICE detainer.

ICE officers will generally avoid non-criminal courts or areas of courthouses. In order to make arrests in non-criminal courts or areas of court ICE officers are required to get authorization from their Field Officer Director or their Special Agent in Charge.

ICE does not make civil immigration arrests inside courthouses indiscriminately.  ICE focuses on actions against specific targeted aliens. These aliens may have criminal convictions, be gang members, or national security or public safety threats.  Aliens who have been ordered removed rom the U.S. but have failed to deport, and aliens who have re-entered the country illegally after being removed are also targeted by ICE.

Other aliens will not be subject to civil immigration action, unless they pose a threat to safety, or they are interfering with ICE’s enforcement actions.

ICE Policy Sensitive locations where specific enforcement action will not take place include Schools such as daycares, primary, secondary and post secondary schools. Medical Treatment and health care facilities such as hospitals, doctors offices, health clinics, and urgent care facilities. Places of worship such as churches, synagogues, mosques, and temples. Religious or civil ceremonies such as funerals or weddings. Finally ICE will also regard public demonstrations such as marches, rallies, or parades as a sensitive location and not take enforcement action.

ICE may make arrests in Policy Sensitive locations only upon exigent circumstances.  These exigent circumstances must be related to national security, terrorism, or public safety.

This U.S. immigration and Customs Enforcement policy leaves room for many exceptions. It does not fully protect other non-citizens, that do not have criminal convictions, are not gang members, or are not national security or public safety threats. It does not fully protect other non-citizens having business in both criminal and non criminal courthouses, as well as ICE Policy Sensitive locations, from facing the threat of civil immigration arrests upon ICE’s discretion.

Give my office a call if you or anyone you know is facing charges that can result in deportation or exclusion from the U.S. and were detained in court while awaiting arraignment on those charges.