Posted on April 30, 2021

Biden Administration Limits Power of ICE to Arrest Immigrants in Courthouses

Mark Katkov, NPR, April 27, 2021

In another reversal of Trump administration immigration enforcement policy, the Department of Homeland Security announced Tuesday that federal agents would no longer be permitted to arrest people in or near courthouses for most immigration violations.

In a statement, DHS Secretary Alejandro Mayorkas said such arrests interfered with the administration of justice and public safety. “The expansion of civil immigration arrests at courthouses during the prior administration had a chilling effect on individuals’ willingness to come to court or work cooperatively with law enforcement,” Mayorkas said.


{snip}According to DHS, arrests in or near courthouses will only be permitted if “(1) it involves a national security matter, (2) there is an imminent risk of death, violence, or physical harm to any person, (3) it involves hot pursuit of an individual who poses a threat to public safety, or (4) there is an imminent risk of destruction of evidence material to a criminal case.