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Immigrant Advocates File Lawsuits to Block ICE Arrests at Immigration Courts

Plaintiffs say courthouse arrests undermine due process after DHS guidance authorized ICE to detain migrants at court hearings.

Federal agents stand outside an immigration court at the Jacob K. Javits federal building in New York on Thursday, July 17, 2025. (AP Photo/Yuki Iwamura)
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Since Donald Trump's return to the White House, Homeland Security agents have adopted the tactic of waiting outside immigration court rooms and arresting migrants as they leave

Overview

  • Democracy Forward and the National Immigrant Justice Center filed a suit in D.C. District Court representing 12 migrants, including individuals who are gay and living with HIV, seeking to block ICE arrests at their immigration court hearings.
  • A separate class-action lawsuit brought by migrants alleges a coordinated “campaign of courthouse arrests” after DHS began allowing agents to detain noncitizens at sensitive locations.
  • The suits challenge January DHS guidance that reversed long-standing restrictions and permits deportation officers to apprehend migrants at courthouses nationwide.
  • Reps. Dan Goldman and Adriano Espaillat introduced legislation to ban ICE agents from wearing masks during immigration court arrests in an effort to increase transparency.
  • DHS and the Justice Department have publicly defended courthouse arrests as resource-efficient and safer for officers and communities.