The Department of Homeland Security (DHS) has rescinded the Biden-era restrictions on Immigration and Customs Enforcement (ICE) courthouse arrests, reinstating the ability for agents to detain undocumented immigrants—particularly those accused of serious crimes—at courthouses across the United States.
According to DHS officials, the move is aimed at improving officer safety and operational efficiency when apprehending what the department describes as “the worst of the worst,” including immigrants suspected or convicted of serious crimes. According to DHS, recent enforcement actions have involved individuals accused of fleeing the scene after fatally striking a man in a wheelchair, as well as those connected to drug trafficking and violent offenses.
“The ability of law enforcement to make arrests of criminal illegal aliens in courthouses is common sense,” said Assistant Secretary Tricia McLaughlin. “It conserves valuable law enforcement resources because they already know where a target will be. It is also safer for our officers and the community. These illegal aliens have gone through security and been screened to not have any weapons. Secretary Noem is empowering law enforcement to use common sense to remove criminal illegal aliens from American communities.”
DHS emphasized that courthouse arrests are safer and more controlled environments compared to street operations. The department also cited a 413% increase in assaults against ICE officers in the line of duty as part of the rationale for the policy reversal.
The original guidelines, implemented under the Biden administration, sought to limit civil immigration enforcement in sensitive locations such as schools, hospitals, and courthouses, arguing that such actions discouraged community trust in law enforcement and public institutions.
Under DHS Secretary Kristi Noem’s leadership, DHS says it is “empowering law enforcement to use common sense to remove criminal illegal aliens from American communities.”
The updated enforcement approach marks a significant shift in federal immigration policy, underscoring the administration’s commitment to prioritizing the removal of noncitizens who pose threats to public safety.
