ICE Issues New Interim Guidance to Expand Courthouse Immigration Arrests

U.S. Immigration and Customs Enforcement (ICE) has issued new interim guidance regarding civil immigration enforcement actions in or near courthouses. The directive, outlined in ICE Directive 11072.3 and signed by Acting ICE Director Caleb Vitello, takes immediate effect and remains in force until superseded by further instructions.

The new guidance rescinds the previous courthouse enforcement policy issued on April 27, 2021, by former Acting ICE Director Tae Johnson and Acting U.S. Customs and Border Protection Commissioner Troy Miller. This policy shift follows a memorandum from Acting Secretary of Homeland Security Benjamin Huffman, dated January 20, 2025, concerning enforcement actions in or near protected areas.

The directive aims to provide structure and oversight to ICE’s civil immigration enforcement actions in courthouses while addressing public safety concerns. Under the new policy, civil immigration enforcement actions—such as apprehensions, arrests, interviews, and searches—may occur when ICE officers or agents have credible information that a targeted noncitizen is present in or near a courthouse.

The policy identifies specific categories of noncitizens who may be targeted for enforcement actions, including individuals deemed national security or public safety threats, those with prior criminal convictions, known gang members, individuals ordered removed but who have failed to depart the U.S., and noncitizens who have unlawfully re-entered the U.S. after being deported.

Additionally, other noncitizens encountered during enforcement actions, such as family members or witnesses, may also be subject to civil immigration enforcement on a case-by-case basis.

ICE officers and agents must ensure compliance with jurisdictional legal limitations by coordinating with the Office of the Principal Legal Advisor (OPLA) before conducting courthouse enforcement actions. Whenever possible, they are instructed to work discreetly, use non-public entrances and exits, and coordinate with courthouse security staff to minimize disruptions.

The policy also emphasizes avoiding enforcement in non-criminal or specialized court settings, such as family court and small claims court, unless operationally necessary. In such cases, approval from the respective Field Office Director (FOD) or Special Agent in Charge (SAC) is required.

ICE leadership will oversee compliance with this policy by ensuring that all civil immigration enforcement actions in courthouses are properly documented and recorded in ICE’s system of record. Officers are expected to use sound judgment to prevent unnecessary public alarm or court disruptions.

The directive explicitly states that it does not create any enforceable legal rights for individuals and may be modified or rescinded without notice. Enforcement actions will continue to be determined on a case-by-case basis in alignment with federal law and DHS policy.

The new guidance marks a shift in ICE’s approach to courthouse enforcement, aiming to balance immigration enforcement with public safety and judicial processes.