The Immigration and Customs Enforcement (ICE) agency has quietly rescinded guidance that previously advised ICE agents conducting courthouse raids to take steps to avoid violating state and local laws while carrying out civil immigration arrests.This subtle policy change could lead to an escalation in enforcement tactics and legal disputes.

Revised policy guidance recently posted to ICE’s website reveals efforts by the agency to enhance the discretion and autonomy of federal agents making arrests in and around courthouses. The policy revision has not been previously reported.

In recent weeks, ICE agents have made high-profile arrests of immigrants attending routine court hearings, as part of the administration’s effort to conduct what Trump calls the largest deportation campaign in American history.

The change in guidance comes amid sweeping ICE raids across the US,some sparking protests and heated confrontations with citizens, threatening an erosion of local autonomy and democratic governance over law enforcement operations within communities, while further blurring the line between civil and criminal enforcement.

Interim guidance, issued in January by ICE’s former acting director, Caleb Vitello, ordered agents to ensure that courthouse arrests were “not precluded by laws imposed by the jurisdiction in wich enforcement actions will take place.” Todd Lyons, the current acting director, issued a superseding memo dated May 27 that removes the language about respecting local laws and statutes that limit ICE agents from performing “enforcement actions” in or near courthouses.

Legal and Human Rights Perspectives

“The new policy eliminates that requirement,”

“The old policy required ICE to consult with a legal adviser to determine weather making an arrest at or near a courthouse might violate a nonfederal law. The new policy eliminates that requirement,” says anthony Enriquez,vice president at RFK Human Rights,a human rights advocacy nonprofit. “Now, these frequently complex legal questions fall to the judgment of a line officer untrained in local laws.”

“It is certainly yet another effort to unleash and expand ICE’s enforcement operations without regard to state law,” says Emma Winger, deputy legal director at the American Immigration Council.

Federal policy guidance is not legally binding, but it carries the power of law in practice, mandating procedures that ICE agents must follow in carrying out enforcement operations.

in response to a request for comment, ICE spokesperson Mike Alvarez referred to the may 27 memorandum. ICE declined to clarify whether it would continue to consider local courthouse policies and security protocols during enforcement actions.

Leadership Changes at ICE

Vitello, responsible for issuing the original guidance, was appointed ICE acting director by President Donald Trump soon after inauguration. Vitello was removed in late February and reportedly transferred to oversee the agency’s deportation operations. Lyons assumed the acting directorship in March.

The Biden administration previously limited ICE enforcement actions in and around courthouses in 2021, saying the arrests-which reportedly spiked during trump’s first term-“had a chilling effect on individuals’ willingness to come to court or work cooperatively with law enforcement.”