A federal judge has issued an order prohibiting U.S. Immigration and Customs Enforcement (ICE) agents from making arrests at courthouses without a warrant, triggering immediate controversy over law enforcement protocols. The directive, issued by U.S. District Court Judge Jeffrey Cummings in Cook County, Illinois, restricts ICE agents from conducting “collateral arrests” at courthouses, where immigration enforcement actions inadvertently detain other individuals present in the area.
The ruling stems from repeated instances of ICE operations near Chicago-area courthouses, including nighttime raids that left detained individuals in zip ties for extended periods. Cummings emphasized the need to protect access to justice, stating, “The fair administration of justice requires that courts remain open and accessible, and that litigants and witnesses may appear without fear of civil arrest.” The judge warned that any ICE agent violating the order would face arrest themselves.
The Department of Homeland Security (DHS) has defended ICE’s authority, arguing that courthouses are not legal sanctuaries. A DHS statement asserted, “We aren’t some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law.” The dispute highlights tensions between immigration enforcement priorities and judicial protections for individuals appearing in court.