Earlier today, the Knight Institute filed a Freedom of Information Act (FOIA) request to learn more about the Trump administration’s controversial practice of arresting noncitizens in or around courthouses.
In recent weeks, reporters across the country described chaos unfolding in courthouses as agents from the U.S. Immigration and Customs Enforcement (ICE) have descended on state court and immigration proceedings to arrest and detain noncitizens. Under pressure from the White House to dramatically increase immigration detentions to 3,000 people a day, ICE has conducted widespread raids at courthouses across the country, arresting noncitizens attempting to appear for immigration proceedings as well as in totally unrelated cases in state courthouses. Immigration attorneys have described these new tactics as “deeply disturbing,” arguing that they “create a climate of fear and intimidation.”
The recent surge in ICE arrests at courthouses reinstates a controversial practice from the first Trump administration—a practice that was reversed under the Biden administration, and that led two states to enact legislation prohibiting federal immigration officials from arresting people in state courthouses. But within days of President Trump’s second inauguration, DHS and ICE rescinded the more protective guidance adopted during the Biden administration, which limited arrests of noncitizens in “protected areas” and courthouses. Courthouse arrests have even escalated compared to Trump’s first term, illustrating the Trump administration’s unprecedented effort to bypass the courts and deport noncitizens as quickly as possible.
Courthouse raids like these raise significant First Amendment concerns. Arresting noncitizens at courthouses interferes with their right to petition the government for redress. As a result of these practices, noncitizens must choose between risking arrest or abandoning their right to be heard in court. These mass arrests at courthouses impose a chilling effect, where noncitizens may avoid court altogether. Deterring noncitizens from participating in court not only undermines their First Amendment rights; it also undermines the foundation of the judicial system.
The Knight Institute’s FOIA request aims to ensure that the public understands the full scope of ICE’s courthouse arrest policy and practice. Currently the authority and legality of ICE’s courthouse raids is unclear. And reports indicating that ICE agents are seeking to close public immigration hearings related to the recent arrests further underscores the importance of informing the public of ICE’s actions. By submitting the FOIA request, the Institute seeks to obtain information regarding the authority and legality of ICE’s practice of engaging in civil immigration enforcement actions in or around courthouses, and any actions taken to close courtrooms during public immigration hearings, so that the public may understand and evaluate the legality and impact of ICE’s courthouse arrest policy and practice. Read the request here.
Allie Schiele was a legal fellow at the Knight First Amendment Institute.