Key Takeaways
• ICE courthouse arrests surged to over 95,000 from January to May 2025 after Trump’s national emergency declaration.
• 44% of those arrested had criminal convictions, but 44% arrested post-May had no criminal records.
• Opposition claims courthouse arrests violate due process, intimidate immigrants, and cause legal challenges nationwide.
Immigration and Customs Enforcement (ICE) courthouse arrests have surged in 2025, sparking heated debate and legal battles across the United States 🇺🇸. This sharp increase follows a major policy shift by the Department of Homeland Security (DHS) under President Trump, who declared a national emergency at the southern border in January 2025. The new guidelines allow ICE agents to make civil immigration arrests in and around courthouses, a move that has drawn strong opposition from lawmakers, attorneys, and immigrant advocates. The practice is changing how immigrants, their families, and even the justice system itself operate, raising urgent questions about due process, public safety, and the future of immigration enforcement.
What Changed in 2025? The New ICE Courthouse Arrest Policy
On January 20, 2025, President Trump issued Proclamation 10,866, declaring a national emergency at the southern border. This action led DHS and ICE to issue new memoranda that removed previous restrictions on courthouse arrests. Under the Biden administration, ICE was only allowed to make arrests at courthouses in rare, exceptional cases. Now, the “bright line” prohibitions are gone. ICE agents are told to use their own judgment, deciding on a case-by-case basis whether to arrest someone at or near a courthouse.
DHS and ICE say these changes are needed for public safety and operational efficiency. They argue that courthouses are safer places for arrests because people have already been screened for weapons and are less likely to run away. According to Assistant Secretary Tricia McLaughlin, the old rules “emboldened criminal illegal aliens” and made it harder for officers to do their jobs.
Who Is Being Targeted? Scope and Scale of Arrests
The new policy has led to a dramatic rise in ICE courthouse arrests. From Inauguration Day to May 4, 2025, ICE arrested over 95,000 people. The numbers show a shift in who is being targeted:
- 44% had a criminal conviction
- 34% had pending criminal charges
- 23% had no criminal history at all
After May 25, the share of non-criminal arrests jumped to 44%. This means nearly half of those arrested had no criminal record. ICE is not just focusing on people with past convictions but also those with pending charges and even those with no criminal background.
One of the largest operations, “Operation Tidal Wave,” took place in Florida in April 2025. In just one week, ICE arrested 1,120 people. Of these, 63% had criminal records, but a significant number did not.
Arrests are now happening mainly in the U.S. interior, not just at the border. People affected include international students, Temporary Protected Status (TPS) holders, humanitarian parolees, and asylum seekers. This broad approach has alarmed many in the immigrant community.
How Are Courthouse Arrests Carried Out?
ICE agents work closely with DHS lawyers to identify people whose court cases are being terminated or dismissed. Here’s how the process usually works:
- Coordination: ICE and DHS lawyers review court dockets to find targets.
- Waiting at Courthouses: Agents wait in or near courthouses, sometimes in plain clothes, to arrest individuals after their hearings.
- No Prior Notice: Many arrests happen without warning, and sometimes without a warrant or proper identification.
- Expedited Removal: If the person arrested cannot prove they have lived in the United States 🇺🇸 continuously for at least two years, they are often placed into expedited removal. This means they can be deported quickly, without a lengthy court process.
This tactic has been reported in major cities like Los Angeles, Seattle, Chicago, Dallas, Las Vegas, and Miami. ICE prosecutors are also moving to terminate certain migrants’ court cases, then arresting them outside the courthouse and placing them directly into expedited removal proceedings.
Why Is There So Much Opposition?
Lawmakers Speak Out
Many Democratic lawmakers have condemned the rise in ICE courthouse arrests. U.S. Representative Ayanna Pressley and Senators Elizabeth Warren and Edward Markey have called these arrests a violation of due process and constitutional rights. They are especially concerned about cases where ICE targets people with no criminal convictions or those who are in the country legally.
Attorneys and Advocates Raise Alarms
Immigration attorneys, the American Civil Liberties Union (ACLU), and groups like the Immigrant Defense Project argue that courthouse arrests:
- Undermine access to justice: Immigrants may avoid going to court, even if they are victims or witnesses, out of fear of being arrested.
- Violate due process: There are reports of ICE agents making arrests without warrants or proper identification, raising serious legal concerns.
- Intimidate communities: The threat of arrest at courthouses can discourage people from reporting crimes or participating in the justice system.
Legal challenges are underway, with attorneys seeking court orders to stop the practice. They argue that courthouse arrests violate constitutional protections and basic fairness.
Due Process and Civil Liberties
Critics say that courthouse arrests create a chilling effect. People who need to appear in court—whether for traffic tickets, family matters, or as witnesses—may stay away, fearing detention and deportation. This can lead to missed court dates, which often result in automatic deportation orders. There are also concerns about ICE agents not following proper legal procedures, such as making arrests without valid warrants.
The Government’s Defense
DHS and ICE officials defend the new policy as “common sense.” They say that removing location-based restrictions helps officers enforce immigration laws more effectively. They also point to a 413% increase in assaults on ICE officers in 2025 as a reason for making arrests in safer environments like courthouses.
Acting DHS Secretary Benjamine Huffman and Acting ICE Director Caleb Vitello have both stated that the new approach restores integrity to the immigration system. They argue that the previous administration’s rules made it too easy for people to avoid immigration enforcement.
Quantitative Trends: The Numbers Behind the Policy
- Over 95,000 individuals arrested by ICE from January to early May 2025
- April 2025: 22,822 initial book-ins by ICE and Customs and Border Protection (CBP)
- May 2025: Projected to surpass 25,000 book-ins
- Operation Tidal Wave (April 2025): 1,120 arrests in Florida in one week
- Assaults on ICE officers: 413% increase reported in 2025
These numbers show the scale and intensity of the new enforcement strategy. The majority of arrests are now happening far from the border, affecting a wide range of people, including those with legal status.
Who Is Affected? Stakeholders and Their Concerns
Immigrants and Their Families
- Heightened risk: Anyone with a pending or dismissed court case is at risk of immediate arrest and expedited removal, especially if they cannot prove two years of continuous presence in the United States 🇺🇸.
- Legal residents and students: Even people with legal status, such as international students and TPS holders, have been caught up in courthouse arrests.
- Fear and uncertainty: Many are afraid to attend court, which can lead to missed hearings and automatic deportation orders.
Attorneys and Advocacy Groups
- Legal challenges: Attorneys are filing lawsuits and seeking court orders to stop courthouse arrests, arguing that they violate constitutional rights.
- Support and guidance: Advocacy groups like the ACLU and Immigrant Defense Project are offering legal help and advice to those at risk.
Lawmakers
- Divided response: Democrats are pushing to reinstate protections against courthouse arrests, while many Republicans support the expanded enforcement.
State and Local Officials
- Mixed reactions: Some state leaders, like Florida Governor Ron DeSantis, support joint operations with ICE. Others, especially in states with large immigrant populations, are calling for more protections.
Historical Context: How Did We Get Here?
Before 2025, ICE was limited in making courthouse arrests. The Biden administration had strict rules, only allowing such arrests in rare, exceptional cases. In 2020, a federal judge even barred ICE from making civil arrests at New York state courthouses.
The Trump administration reversed these restrictions in 2025, arguing that broader enforcement authority was needed to address what they called a national emergency at the border. The new policy gives ICE agents much more flexibility in deciding when and where to make arrests.
Legal and Practical Implications
Ongoing Lawsuits
Legal challenges are moving through the courts, with attorneys arguing that courthouse arrests violate due process and constitutional rights. The outcome of these cases could shape the future of immigration enforcement in the United States 🇺🇸.
Advice for Immigrants
- Attend court hearings: Despite the risks, missing a court date can result in an automatic deportation order.
- Gather proof of presence: Those at risk should collect documents showing at least two years of continuous presence in the country.
- Seek legal help: Advocacy and legal support are critical. Organizations like the ACLU Immigrants’ Rights Project and the Immigrant Defense Project can provide guidance and representation.
For Attorneys
- Stay informed: Keep up with the latest ICE and DHS policies, as well as ongoing legal challenges.
- Advise clients: Make sure clients understand the risks and their rights, especially regarding expedited removal and the need for proof of continuous presence.
Multiple Perspectives: The Debate Continues
- Government: Focuses on public safety, operational efficiency, and enforcing immigration laws without location-based limits.
- Attorneys and Advocates: Argue that courthouse arrests harm due process, discourage participation in the justice system, and hurt non-criminal immigrants and legal residents.
- Lawmakers: Remain divided, with Democrats seeking to restore protections and Republicans backing expanded enforcement.
Looking Ahead: What’s Next?
The future of ICE courthouse arrests remains uncertain. Ongoing lawsuits and advocacy efforts could lead to new court rulings or legislative changes. The issue is likely to stay at the center of debates about immigration policy, public safety, and civil rights.
For those affected, staying informed and seeking legal support is more important than ever. The situation can change quickly, and the risks are high for anyone involved in the immigration system.
Where to Find Official Information and Help
- ICE Public Information: ICE.gov (news releases, policy updates)
- DHS Official Statements: dhs.gov/news
- Legal Assistance: ACLU Immigrants’ Rights Project, Immigrant Defense Project
For the latest updates on immigration enforcement and courthouse arrests, readers can also consult the U.S. Department of Homeland Security’s official newsroom.
Key Takeaways and Practical Steps
- ICE courthouse arrests have increased sharply in 2025 due to new DHS and ICE guidelines following a national emergency declaration by President Trump.
- The policy now allows ICE to arrest people at or near courthouses, including those with no criminal history or legal status.
- Opposition is strong, with lawmakers, attorneys, and advocates arguing that the practice violates due process and discourages participation in the justice system.
- Legal challenges are ongoing, and the future of the policy remains uncertain.
- Affected individuals should attend court hearings, gather proof of presence, and seek legal help.
As reported by VisaVerge.com, the debate over ICE courthouse arrests highlights the deep divisions in U.S. immigration policy and the real-life impact on immigrants, their families, and the justice system. The coming months will be critical in determining whether these practices continue, are limited by the courts, or are changed by new laws or executive actions.
For anyone facing or fearing ICE courthouse arrests, staying informed, knowing your rights, and seeking help from trusted legal and advocacy organizations is the best way to protect yourself and your loved ones during these uncertain times.
Learn Today
ICE → U.S. Immigration and Customs Enforcement enforces immigration laws and conducts arrests and removals within the country.
Courthouse Arrests → Detentions made by ICE agents at or near court buildings during or after judicial proceedings.
Expedited Removal → A fast deportation process for immigrants who cannot prove two years of continuous U.S. residence.
National Emergency → A government declaration that allows expanded powers in response to urgent national issues.
Due Process → Legal principle ensuring fair treatment in judicial procedures and protection of individual rights.
This Article in a Nutshell
ICE escalated courthouse arrests sharply in 2025, targeting immigrants with and without criminal records. Critics say this harms due process and community trust, sparking nationwide legal battles challenging the new enforcement policy under the national emergency declared by President Trump.
— By VisaVerge.com
