ICE's Authority to Arrest at Courthouses Under Scrutiny

Recent revelations have raised serious questions about the authority of Immigration and Customs Enforcement (ICE) to arrest individuals at immigration courthouses. A letter from Jay Clayton, the U.S. Attorney for the Southern District of New York, disclosed that ICE had misrepresented its legal authority for over a year. The memo in question, titled “Civil Immigration Enforcement Actions in or Near Courthouses,” dated May 27, 2025, was incorrectly cited by ICE as justification for courthouse arrests. Clayton clarified that this guidance does not apply to actions in or near immigration courts, contradicting ICE's previous assertions.

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ICE's practice of arresting individuals at courthouses has been a contentious issue, particularly in immigrant communities. In Massachusetts, for instance, the number of immigration arrests at courthouses surged from 282 in 2024 to 614 in 2025. Activists and civil rights advocates have expressed alarm over these actions, arguing that they undermine the integrity of the judicial process and deter individuals from seeking justice. In response, Massachusetts lawmakers are considering legislation to prohibit ICE from making civil arrests in courthouses, asserting that state law should govern these spaces.

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Clayton's letter indicated that the misrepresentation of ICE's authority was due to an "agency attorney error," and he expressed regret that this issue surfaced late in ongoing litigation. He emphasized that the SDNY attorneys had relied on ICE's guidance when making legal arguments in court. In light of the new information, former New York City Comptroller Brad Lander called for an immediate cessation of courthouse arrests and a full investigation into ICE's practices. Massachusetts Governor Maura Healey also criticized the enforcement strategy, stating it "puts people at risk and in harm’s way."

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Critics argue that ICE's courthouse arrests create a climate of fear, deterring immigrants from participating in the judicial process. Amy Belsher, Director of Immigrants’ Rights Litigation at the New York Civil Liberties Union, described ICE's actions as reckless and indicative of a broader pattern of misconduct. In Massachusetts, state Attorney General Andrea Campbell and Representative Dan Cahill have voiced support for legislative measures to restrict ICE's activities in courthouses, emphasizing the need to protect community trust in the justice system.

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As litigation continues in New York, D.C., and California regarding courthouse arrests, the implications of ICE's misrepresentation will likely be scrutinized further. The Massachusetts legislature is poised to vote on a bill that would limit ICE's ability to conduct arrests without a judicial warrant, potentially reshaping the landscape of immigration enforcement in courthouses.

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• “It’s shocking. It’s a shocking revelation at this stage in the litigation,” — Amy Belsher, NYCLU Director of Immigrants’ Rights Litigation

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• “All courthouse arrests must cease immediately, and Congress must launch a full investigation into every unlawful abduction of immigrants who were simply trying to show up to court and follow the law.” — Brad Lander, Former New York City Comptroller

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• “Courthouse immigration enforcement has already led to tension between state and federal officials.” — Maura Healey, Governor of Massachusetts

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• “We are all entitled to access the courts freely,” — Susan Anderson, Volunteer with LUCE Immigrant Justice Network of MA

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