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2.0

ICE Issues Interim Guidance for Civil Immigration Enforcement in or near Courthouses

  1. Original Date Announced

    January 22, 2025

    ICE 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 Courthouses
  2. Effective Date

    January 22, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Interior
Agencies Affected: ICE

Pre Trump-Era Policies

  • 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
    • 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
    • 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

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com