ICE Returns to Courthouses
Immigration and Customs Enforcement has reversed the Biden-era policy restricting immigration arrests at courthouses and is now conducting enforcement operations inside and around state and local courthouses across the country. Advocates and judges have raised alarms that the practice deters immigrants — including victims of crime and witnesses — from participating in the justice system.
The policy shift, formalized in a January 2026 DHS memorandum, grants ICE officers authority to conduct civil immigration arrests at any courthouse without prior supervisory approval. Previous guidance under the Biden administration limited courthouse arrests to individuals posing national security or public safety threats.
Which Courthouses Are Affected?
ICE operations have been reported at family courts, traffic courts, criminal courts, and civil courthouses in at least 22 states. The highest concentration of courthouse arrests has occurred in New York, New Jersey, California, Texas, and Illinois. Notably, ICE is targeting individuals who appear for scheduled court dates — including respondents in domestic violence cases, child custody proceedings, and small claims matters.
Legal Challenges
Several states and municipalities have filed legal challenges. New York's Attorney General has sought a restraining order arguing that courthouse arrests violate state sovereignty and the right to access courts under the First Amendment. Legal advocacy organizations including the ACLU and National Immigration Law Center have filed amicus briefs arguing that courthouse enforcement creates a chilling effect on justice system participation.
Immigration judges at EOIR have separately raised concerns that courthouse arrests undermine the integrity of immigration court proceedings, where respondents must appear in person. An individual arrested at a state courthouse while attending an immigration hearing creates jurisdictional complications.
What to Do If You Encounter ICE at Court
If you encounter ICE officers at a courthouse, you have the right to remain silent and do not need to answer questions about your immigration status. You have the right to speak with an attorney before answering any questions. Ask whether the officer has a judicial warrant (signed by a judge) — an administrative ICE warrant does not authorize entry into non-public courthouse areas. Document the encounter and report it to your immigration attorney and local legal aid organizations. See our deportation defense guide for your full rights.