DHS promises not to arrest immigrants in or near courthouses

On Tuesday April 27, Biden’s DHS (Department of Homeland Security) issued an official statement, announcing that immigration agents from CBP (Customs and Border Protection) and ICE (Immigration and Customs Enforcement) will only be able to arrest immigrants in or near courthouses in extremely limited and specific situations such as those related to public safety concerns.

Under these new guidelines, ICE and CBP must send a monthly report to DHS, “detailing all planned or executed civil immigration enforcement actions in or near courthouses, including the basis under this policy for each enforcement action.”

Therefore, the scenarios in which ICE and CBP officers will be able to detain foreigners near or in courthouses will be quite limited from now on, such as if:

1. There is a threat to national security.
2. There is risk of violence or harm.
3. The individual involved in the arrest is “hot pursued” by federal entities on grounds of public or national security.

The ideal of this policy is to allow immigrants, who need to go to courthouse for any reason, to attend their hearings without constant fear of deportation. This decision undoubtedly changes the focus immigration law enforcement.

In fact, the Trump administration (2017-2021), unlike the Biden administration, implemented policies to expand the scenarios to detain undocumented immigrants in civilian settings and expedite deportation proceedings for them, even if many of them pay annual taxes or have resided in the US for decades, including young immigrants who came to the country as minors.

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