ICE Courthouse Arrests: Federal Policy, State Limits, and Your Rights

Yes. Immigration and Customs Enforcement officers can arrest people at or near courthouses, and under interim federal guidance issued in January 2025 those ICE courthouse arrests are permitted whenever officers have credible information that a targeted person will be present, unless a state law in that jurisdiction blocks the action.¹ The rules that used to treat courthouses as protected locations were rescinded. What remains are narrower carve-outs, some state-level protections, and the constitutional rights you carry into any encounter with federal agents.

What Federal Policy Allows Right Now

The controlling document is ICE Interim Guidance 11072.3, “Civil Immigration Enforcement Actions in or near Courthouses,” issued January 21, 2025. It authorizes civil immigration enforcement at courthouses when officers have credible information that a targeted individual is or will be there, as long as the action is not barred by local law.² This replaced a 2021 DHS memo that had designated courthouses as protected areas where enforcement should generally not occur.³

A follow-up ICE memorandum on January 31, 2025, confirmed that DHS would not issue categorical rules about where immigration laws can be enforced. Instead, case-by-case decisions about courthouse enforcement fall to Assistant Field Office Directors and Assistant Special Agents in Charge.¹ Courthouse arrests are now one enforcement option among many, subject to operational judgment by local ICE leadership.

The guidance still asks officers to conduct arrests in non-public areas of the building when possible, coordinate with court security staff, and use non-public entrances and exits to minimize disruption to court proceedings. Those are stated as preferences, not requirements.¹

One important boundary: the policy governs civil immigration enforcement only. Criminal immigration enforcement inside courthouses is not restricted by these rules at all.²

Who ICE Is Looking For

Courthouse actions are meant to focus on specific targeted individuals rather than sweep everyone in the building. An earlier 2018 directive listed the priority categories: people with criminal convictions, gang members, national security or public safety threats, people ordered removed who failed to depart, and people who re-entered illegally after deportation.⁴ The 2025 guidance is less categorical and requires only “credible information” that the target will be present.¹

Bystanders are not protected outright. People encountered incidentally during a targeted enforcement action, including family members or friends accompanying the target, may face enforcement themselves on a case-by-case basis.² That language leaves significant discretion in officers’ hands.

Family Court, Small Claims, and Other Non-Criminal Proceedings

Courthouses or courthouse areas dedicated to non-criminal proceedings get an extra layer of protection. Family court and small claims court are the examples named in the policy, and ICE officers should generally avoid enforcement actions in those settings.¹

If an action in one of those non-criminal areas is deemed operationally necessary, officers must get advance approval from a Field Office Director, Special Agent in Charge, or their designee before proceeding.⁴ The higher approval threshold does not apply to areas of a courthouse that handle criminal matters.

State Laws That Restrict Courthouse Arrests

Several states have adopted their own protections that go beyond federal policy. Because ICE must coordinate with its Office of the Principal Legal Advisor to check for jurisdiction-specific limits before acting,¹ the location of the courthouse matters.

New York: The Protect Our Courts Act prohibits immigration arrests at or near courthouses. The U.S. Department of Justice has sued to block the law, arguing it obstructs federal enforcement authority.⁵
California: State law requires a judicial warrant for civil arrests of people attending court or handling legal business at a courthouse.
Oregon: A state supreme court rule prohibits civil immigration arrests inside or near courthouses without a judicial warrant.
New Jersey: Court rules require that judges and administrators be notified when ICE plans a courthouse arrest.
Washington and New Mexico: Certain municipal and county courts have adopted policies prohibiting warrantless courthouse arrests.

Because the federal government is actively challenging some of these laws, protection in your jurisdiction may shift. A local immigration attorney will know the current status.

If You Are a Crime Victim or Witness

ICE’s victim-centered approach, set out in Directive 11005.3, provides separate protection. The agency refrains from taking civil enforcement action against known applicants or petitioners for T visas (trafficking victims) and U visas (crime victims), including derivative family members. Enforcement is deferred until U.S. Citizenship and Immigration Services makes a final determination on the pending application.⁶

Before taking enforcement action against a noncitizen crime victim, field offices must get headquarters-level approval. Federal law also imposes confidentiality obligations under 8 U.S.C. § 1367: ICE personnel may not disclose information about pending or approved victim-based immigration applications to anyone outside DHS, the State Department, or the Justice Department acting officially. That nondisclosure protection lasts until the application has been denied and all appeals exhausted.⁷

Warrants: Judicial vs. Administrative

If officers approach you, ask to see the warrant, and look at who signed it. The signature tells you what the document authorizes.

A judicial warrant is issued by a judge or magistrate based on probable cause, and it authorizes officers to enter private spaces and conduct searches. An administrative warrant is issued and signed inside ICE by an immigration officer, not by a judge. The two most common are Form I-200 (Warrant for Arrest of Alien) and Form I-205 (Warrant of Removal/Deportation).⁸⁹ An administrative warrant does not authorize entry into private areas or a search of your person or belongings beyond what is incident to the arrest.

In a public hallway of a courthouse, the practical difference is limited: officers can approach you either way. The distinction matters if the encounter moves into non-public areas of the building, or if it extends to your home or vehicle afterward. Officers also have statutory authority under 8 U.S.C. § 1357 to make warrantless arrests in certain circumstances, including when they have reason to believe someone is in the country unlawfully and is likely to escape before a warrant can be obtained.¹⁰

Your Rights During a Courthouse Encounter

The Constitution applies to everyone in the United States, not only citizens. These rights are worth memorizing before you set foot in a courthouse.

You can stay silent. You do not have to answer questions about where you were born, how you entered the country, or your immigration status. You can say: “I am exercising my right to remain silent.”
You can ask for a lawyer. Do not sign anything, including voluntary departure forms, without legal advice.
You can ask to see the warrant. Check the signature line to see whether a judge or an immigration officer issued it.
You can refuse consent to a search. You are not required to consent to a search of your belongings, your vehicle, or your person beyond what officers are authorized to do incident to an arrest.

If you are detained, ICE is required to handle consular notification under the Vienna Convention on Consular Relations. For nationals of certain countries, notification is mandatory regardless of your wishes; for others, you must be told of your right to have your consulate notified, and if you request it, ICE must provide that notification within 24 to 72 hours.¹¹

How to Report a Violation

If you believe ICE officers ignored the policy during a courthouse action, two federal offices take complaints.

The DHS Office for Civil Rights and Civil Liberties reviews complaints about DHS policies and activities. You can file online, submit a fillable PDF, or send a complaint by email, fax, or mail.¹²

The ICE Office of Professional Responsibility investigates allegations of employee and contractor misconduct. You can call 833-4ICE-OPR (833-442-3677), email ICEOPRIntake@ice.dhs.gov, or use the online complaint form. Misconduct can also be reported to the DHS Office of Inspector General at 800-323-8603.¹³

1
U.S. Immigration and Customs Enforcement. Protected Areas
2
U.S. Immigration and Customs Enforcement. Interim Guidance – Civil Immigration Enforcement Actions in or near Courthouses
3
U.S. Department of Homeland Security. Enforcement Actions in or Near Protected Areas
4
U.S. Immigration and Customs Enforcement. Directive Number 11072.1 – Civil Immigration Enforcement Actions Inside Courthouses
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U.S. Department of Justice. Justice Department Files Lawsuit to Stop New Yorks Protect Our Courts Act
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U.S. Immigration and Customs Enforcement. Using a Victim-Centered Approach with Alien Crime Victims
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U.S. Department of Homeland Security. Effects of Immigration Enforcement Activities on Victims and Witnesses of Crime
8
U.S. Immigration and Customs Enforcement. Form I-200 – Warrant for Arrest of Alien
9
U.S. Immigration and Customs Enforcement. ICE Form I-205 – Warrant of Removal/Deportation
10
Office of the Law Revision Counsel. 8 USC 1357 – Powers of Immigration Officers and Employees
11
U.S. Immigration and Customs Enforcement. Consular Notification of Detained or Arrested Foreign Nationals – Directive No. 10066.1
12
U.S. Department of Homeland Security. File a Civil Rights Complaint
13
U.S. Immigration and Customs Enforcement. Office of Professional Responsibility