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Original Date Announced
January 10, 2018ICE issues a directive on enforcement actions in courthouses: such enforcement is acceptable for certain classes of immigrants, such as those with criminal convictions or gang affiliations. [ID #294]
ICE Directive: Civil Immigration Enforcement Actions Inside CourthousesEffective Date
January 10, 2018Subsequent Trump-Era and Court Action(s)
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September 1, 2020
First Circuit Lifts Block of ICE Arrests at Massachusetts Courthouses
“It is not for us to say whether ICE’s strategy is sound public policy,” noted U.S. Circuit Judge Bruce Selya. “That question lies within the domain of the politically accountable branches of the federal and state governments.”
Go to article on courthousenews.com -
June 24, 2021
2021.06.24 Law360: 1st Circ. Won't Nix Its Ruling On ICE Courthouse Arrests
From Law360: "The First Circuit stood by its decision to wipe a lower court ruling that had blocked federal immigration authorities from making arrests in and around Massachusetts courthouses, ruling Thursday that the Biden administration's decision to curb many such arrests does not render the case moot."
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Modified
April 27, 20212021.04.27 DHS Announces New Guidance to Limit ICE and CBP Civil Enforcement Actions In or Near Courthouse
This DHS announcement unveiled the above Biden administration policy action.
View DocumentBiden Administration Action: Modified
April 27, 2021Civil Immigration Enforcement Actions in or near Courthouses
This Biden administration policy modifies the Trump-era policy identified in this entry.
On April 27, 2021, ICE Acting Director Tae Johnson and CBP Acting Commissioner Troy Miller issued a memorandum to ICE and CBP personnel identifying limited circumstances in which civil immigration enforcement actions may be carried out in or near a courthouse.
The memo provides that “[a] civil immigration enforcement action may be taken in or near a courthouse if (1) it involves a national security threat, or (2) there is an imminent risk of death, violence, or physical harm to any person, or (3) it involves hot pursuit of an individual who poses a threat to public safety, or (4) there is an imminent risk of destruction of evidence material to a criminal case.”
The memo specifies that its guidance does not apply to criminal immigration enforcement actions, but nevertheless advises that “personnel should determine whether such an action truly needs to be taken in or near the courthouse given its potentially adverse impact upon access to justice.”
View DocumentBiden Administration Action: Modified
May 8, 2021FAQs (Sensitive Locations, Courthouse Arrests)
ICE released new FAQs on sensitive locations and courthouse arrests.
Go to article on ice.govCurrent Status
Partially in effectMost Recent Action
May 8, 2021 Action: Modified FAQs (Sensitive Locations, Courthouse Arrests)April 27, 2021Acted on by Biden Administration
April 27, 2021Acted on by Biden Administration
May 8, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: InteriorAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Civil Immigration Enforcement Actions Inside Courthouses
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Subsequent Action
Original Source:
1st Circ. Won't Nix Its Ruling On ICE Courthouse Arrests
Commentary
Judges Ask ICE to Make Courts Off Limits To Immigration Arrests
A group of dozens of former state and federal judges is asking ICE to add courthouses to the list of "sensitive locations" where their officers generally do not go.
Go to article on npr.org