I.C.E. Chilling Immigrants’ Access to Justice

Over the past few years, U.S. Immigration and Customs Enforcement (ICE) has significantly increased its arrests of noncitizens in state courthouses, leading to serious concerns about the judicial process and the administration of justice. Although ICE claims it targets “hardened criminals” in courts, arrests have occurred in family, traffic, and domestic violence courts, among others. Alarmingly, 28% of those targeted had no criminal history.

The legal justification for ICE’s actions stems from Directive 11072.1, issued in 2018, which endorses courthouse arrests as a way to ensure public and officer safety. However, ICE’s actions violate states’ rights under the Tenth Amendment and undermine the judiciary’s ability to function. These actions have a chilling effect on access to justice, as domestic violence survivors, individuals with mental disabilities, and other vulnerable groups are increasingly afraid to appear in court. A New Jersey incident illustrates this issue, where ICE arrested a parent attending a custody hearing. In Texas, a woman seeking a protective order against an abusive partner was arrested after her abuser tipped off ICE. The Immigrant Defense Project reports that fear of ICE reduces cooperation with law enforcement, with 71% of surveyed officers reporting that criminal investigations, particularly related to domestic violence and human trafficking, have become more difficult.

California has passed two laws to curb ICE’s courthouse activities: (1) The California Values Act (SB 54) which ensures that no state and local resources are used to assist federal immigration enforcement and that schools, hospitals, and courthouses are safe spaces for everyone in the community. (2) CAAA sponsored AB 668, which prohibits civil arrests in courthouses, absent a judicial warrant. The state also prohibits disclosing immigration status in civil and criminal cases.

The actions of U.S. Immigration and Customs Enforcement (ICE) at state courthouses disrupt access to justice for vulnerable populations. When clients fear arrest simply for attending court, they may avoid critical legal proceedings altogether, leaving them without the protections afforded by the law. For CAAA Members, this chilling effect creates barriers to client participation, limits the availability of evidence, and undermines the fairness of the judicial process. The result is a justice system that fails to serve the very individuals it is meant to protect.