ICE arrests inside courthouses nationwide

Summary

In January 2025, ICE issued guidance allowing civil immigration arrests in or near courthouses when agents have credible information that a targeted person will be present, replacing a prior-administration policy that did not allow such enforcement; from May 2025, ICE began arresting people at their immigration court hearings, creating a chilling effect that has driven absenteeism in immigration courts and prompted lawsuits. A federal judge ordered a halt to courthouse arrests in Northern California in December 2025. On June 23, 2026 the same court vacated ICE's courthouse-arrest policies nationwide.

What happened

In January 2025, ICE replaced prior-administration guidance that did not allow enforcement operations at or near courthouses with a policy permitting civil immigration arrests in or near courthouses when agents have credible information that a targeted person will be present. ICE agents began making arrests inside immigration courthouses. Immigration judges began granting oral motions to dismiss cases on the spot to facilitate ICE custody transfers, denying noncitizens their 10-day response period. A federal judge in Northern California ordered a halt to courthouse arrests in that district in December 2025. Advocates and immigrants filed a class-action lawsuit alleging DHS and DOJ colluded to use courts as arrest sites, violating due process.

Impact on the United States

The policy creates a self-defeating dynamic: immigrants who fail to appear receive automatic orders of removal, but those who appear risk immediate arrest. This undermines case integrity and strains judicial resources. Courts are converted from neutral dispute-resolution venues into arrest sites, compromising broader public trust in the judicial system. Witnesses in state criminal cases involving immigrant victims also stay home, harming criminal prosecutions.

Documented effects

1. May 2025ICE began arresting people at immigration court hearings in May 2025, often after government lawyers moved to dismiss their cases so they could be placed in expedited removal; a class-action lawsuit filed in July 2025 challenged the practice.[1][5]
2. Dec 2025Federal judge ordered halt to courthouse arrests in Northern California in December 2025.[2]
3. Jun 23, 2026U.S. District Judge P. Casey Pitts (N.D. Cal.) vacated ICE's 2025 courthouse-arrest policies nationwide on June 23, 2026, ruling under the Administrative Procedure Act that they did not address earlier concerns about chilling effects, safety risks and hearing attendance; the ruling also vacated ICE's waiver of the 12-hour limit on detention in short-term holding facilities.[3][4]

Why this is rated significant

Reversing prior federal limits on courthouse arrests deterred court attendance and disrupted immigration and criminal proceedings, a significant institutional harm; a federal judge vacated the policies nationwide in June 2026.

ICE's 2025 courthouse-arrest policies vacated nationwide by a federal judge on June 23, 2026

Corrections & updates [7]

Every change to a fact on this page after publication is logged here, newest first.

1. Sep 29, 2026UpdatedStatus

   Updated: on June 23, 2026 U.S. District Judge P. Casey Pitts (N.D. Cal.) vacated ICE's 2025 courthouse-arrest policies nationwide under the Administrative Procedure Act, so the status changed from partially blocked to blocked by court.[3][4]

2. Sep 29, 2026CorrectedSummary

   No source supports the claim that courthouse arrests had been "banned since the 1980s", under a "40-year" prohibition or "EOIR guidance dating to 1996". ABC News reports that ICE's new guidance, obtained January 22, 2025, allows civil immigration arrests in or near courthouses. It replaced a prior-administration policy that did not allow them. ICE began arresting people at immigration court hearings in May 2025. Government lawyers often moved to dismiss the cases first so the people could be placed in expedited removal (NPR). The cited NIJC release does not document an "absenteeism surge", and no NYC Bar report was located, so that effect is restated from sources.[5][6]

3. Sep 29, 2026CorrectedSummary

   The display summary said absenteeism "surged" in immigration courts and that victim witnesses stopped appearing. The entry's sources do not document an absenteeism surge. The summary now says what the sources show: a class-action lawsuit challenging the arrests, and a federal judge vacating the policies nationwide in June 2026.[1][3]

   + Show previous and current text- Hide previous and current text

   Previously

   The administration revoked guidance barring ICE from civil arrests inside courthouses, allowing agents to detain individuals at their own hearings. Absenteeism surged in immigration courts and witnesses in victim cases stopped appearing.

   Now

   The administration revoked guidance barring ICE from civil arrests inside courthouses, allowing agents to detain individuals at their own hearings. Immigrants and advocates sued, and in June 2026 a federal judge vacated the courthouse-arrest policies nationwide.

4. Sep 29, 2026CorrectedKey facts

   No cited source supports the claims that courthouse enforcement 'undermines victim cooperation' or that immigrants who skip hearings face 'automatic removal orders.' Replaced with what the sources report: an immigration judge noticed a dramatic decline in hearing attendance (Courthouse News), and arrests often followed DHS motions to dismiss cases (NPR). Courthouse News Service and Bloomberg Law are legal trade outlets (Tier 3).[3][5]

5. Sep 29, 2026CorrectedSeverity rationale

   The rationale said the policy was 'partly enjoined'; a federal judge vacated ICE's courthouse-arrest policies nationwide on June 23, 2026. Severity unchanged.[3][4]

   + Show previous and current text- Hide previous and current text

   Previously

   Reversing prior federal policy limiting courthouse arrests deters court attendance and compromises immigration and criminal proceedings, a significant institutional harm partly enjoined.

   Now

   Reversing prior federal limits on courthouse arrests deterred court attendance and disrupted immigration and criminal proceedings, a significant institutional harm; a federal judge vacated the policies nationwide in June 2026.

6. Sep 29, 2026CorrectedDisplay copy

   The summary line said 'a judge reported falling attendance', which is not in the record; the record documents absenteeism and lawsuits.

   Previously

   ICE arrested people at their immigration hearings, and a judge reported falling attendance, until a federal judge vacated the policies nationwide.

   Now

   ICE arrested people at their immigration hearings, driving absenteeism and lawsuits, until a federal judge vacated the policies nationwide.

7. Sep 29, 2026CorrectedCost estimate

   Set to $0. The earlier $45 million, and the $300-380 million projected from it, came from assumed per-case costs and case counts that no source publishes.

   Previously

   net $45M so far; 10yr $300M; 15yr $380M

   Now

   net $0; 10yr $0; 15yr $0

Sources [6]