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Original Date Announced
January 22, 2025ICE Acting Director Caleb Vitiello rescinds and supersedes the April 27, 2021, Civil Immigration Enforcement Actions in or near Courthouses memorandum from Acting ICE Director Tae Johnson and Acting CBP Commissioner Troy Miller.
Under the new guidance, noncitizens who are targeted by ICE in courthouse enforcement actions includes, but are not limited to:
- National security or public safety threats;
- Specific "aliens" with criminal convictions;
- Gang members;
- "Aliens" who have been ordered removed from the United States but have failed to depart; and/or
- "Aliens" who have re-entered the country illegally after being removed.
Collateral arrests of others encountered, including family members or friends accompanying the "targeted alien" to court appearances or serving as witnesses, will be evaluated on a case-by-case basis considering the totality of the circumstances.
ICE officers and agents may conduct a courthouse operation when they have "credible information" that the targeted person will be present at a specific location and where such action is not precluded by laws of the local jurisdiction. Officers and agents must coordinate with the Office of the Principal Legal Advisor (OPLA) to determine whether jurisdiction-specific limits apply.
Actions generally should take place in non-public areas; in coordination with courthouse security; utilizing non-public entrances and exits. When practicable, should minimize impact on court proceedings.
NOTE: ICE officers and agents should "generally avoid" such enforcement in or near courthouses--or dedicated areas within courthouses--wholly dedicated to "non-criminal proceedings (e.g., family court, small claims court)." Supervisor approval is required where such actions are "operationally necessary."
Trump 2.0 [ID # 1433]
2025.01 ICE Civil Immigration Enforcement Actions at or Near CourthousesEffective Date
January 22, 2025Subsequent Trump and Court Action(s)
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February 13, 2025
2025.02.13 Reported: Immigrants are being arrested at NY courthouses - Times Union
The Times Union reports that ICE has begun arresting and detaining noncitizens in New York state courts. ICE officials are currently complying with state law prohibiting immigration arrests in state courtrooms absent a warrant from a federal judge, instead "conducting those arrests in hallways of courthouses or outside buildings."
View Document
Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: InteriorAgencies Affected: ICEAssociated or Derivative Policies
Pre Trump-Era Policies
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In general, civil immigration enforcement actions may be taken in or near courthouses if it involves a national security threat; there is imminent risk of death, violence, or physical harm to any person; it involves the pursuit of an individual who poses a threat to public safety; or there is an imminent risk of destruction of evidence material to a criminal case.
In the absence of a hot pursuit, a civil immigration enforcement action may be taken in or near a courthouse against individuals who pose threats to public safety if it is necessary to act in or near the courthouse because a safe alternative location does not exist or would be too difficult to achieve the enforcement action at such a location, and the action has been approved in advance by a Field Office Director, Special Agent in Charge, Chief Patrol Agent, or Port Director approval in advance of the enforcement action.
ICE CBP Memorandum on Civil Immigration Enforcement Actions in or near Courthouses
Documents
Trump-Era Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
Reported: US immigrants detained at mandatory check-ins and court hearings - The Guardian
On February 18, 2025, The Guardian reports that ICE officials are detaining and deporting noncitizens who attend their mandatory ICE check-ins or court appearances. Advocates and families have reported these practices in New York, New Jersey, Florida, Ohio, and Utah. The Guardian raises concerns this is "punishing [noncitizens] for not absconding" and may "dissuade defendants, witnesses and family members from attending hearings."
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