In conjunction with the January 20th rescission of the Immigration and Customs Enforcement (ICE) memo and policy from the Biden administration that protected certain areas—such as churches, schools, and hospitals—from immigration enforcement, the Trump Administration has also rescinded a Biden-era policy that limited the arrests ICE agents could make in or near courthouses. A new interim guidance memo has been issued, outlining ICE’s internal policies on how and when to make arrests at courthouses.
It outlines examples of noncitizens who can be targeted for enforcement actions, and ICE’s policies on “collateral” arrests, meaning family members and people accompanying the main person targeted. Under the new interim guidance, collateral arrests will be done on a case-by-case basis, considering the totality of the circumstances. The guidance also notes that ICE officers and agents should “generally avoid” enforcement actions in or near courthouses that are wholly dedicated to non-criminal proceedings (with the examples given of family court and small claims court. In such cases, ICE officers and agents must get supervisor approval if such actions are “operationally necessary.”