April 27, 2021policy changeimmigration enforcementdue processagency policyimmigrationexecutive branchcourts
Biden administration limits ICE arrests at courthouses
On April 27, 2021, DHS Secretary Alejandro Mayorkas, ICE acting director Tae Johnson, and CBP acting commissioner Troy Miller limited civil immigration arrests in or near courthouses. The memo allowed arrests only for narrow threats such as national security, imminent violence, hot pursuit, or evidence destruction because DHS said courthouse arrests chilled access to hearings and made witnesses and families afraid to appear. The policy restored a court-access safeguard that later became the baseline for lawsuits challenging Trump-era courthouse arrests (DHS memo; CBP; NPR; Axios; Immigrant Defense Project).
Sources
Civil Immigration Enforcement Actions in or near Courthouses MemoCivil Immigration Enforcement Actions in or Near CourthousesBiden Administration Limits Power Of ICE To Arrest Immigrants In CourthousesBiden administration will limit immigration courthouse arrestsLegal Analysis of April 27, 2021 DHS Memorandum