New twist in ICE raids: Agents can now arrest these immigrants in additional previously off-limit locations
ICE can decide where and when to conduct an immigration detention including in or near a protected area, which now includes courthouses.
In a significant policy shift, U.S. Immigration and Customs Enforcement (ICE) now has broader authority to detain undocumented immigrants in or near churches, courthouses and schools—locations that were once considered off-limits.
Since January 20, 2025, the Trump administration has implemented new measures that redefine ICE’s enforcement priorities, including where arrests can take place. This policy update follows a series of changes in immigration enforcement that have reignited debates over public safety and due process.
When and where ICE can make arrests near courthouses
On January 21, ICE announced that its officers are now authorized to conduct civil immigration enforcement actions in or near courthouses under specific conditions.
According to the agency, ICE agents can make arrests when they have “credible information” that an undocumented individual will be present at a courthouse and when such enforcement is not prohibited by local or state laws.
To minimize public disruptions, ICE has outlined protocols for these arrests:
- Whenever possible, enforcement should be discreet.
- Arrests should take place in non-public areas of the courthouse.
- Coordination with courthouse security is encouraged.
- Agents should use non-public entrances and exits to conduct operations.
While ICE officers now have the authority to make these arrests, the agency advises agents to avoid detaining individuals in areas designated for non-criminal proceedings, such as family courtrooms.
The controversy over ICE arrests in “sensitive locations”
This policy change comes amid ongoing discussions about ICE’s ability to conduct arrests in so-called “sensitive locations.” Previously, places like schools, churches, and hospitals were considered largely off-limits for immigration enforcement. However, under the new guidelines, ICE can decide on a case-by-case basis whether to detain individuals in or near these protected areas.
Benjamine Huffman, the acting Secretary of Homeland Security at the time, defended the expansion of enforcement powers, stating:
“This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens—including murders and rapists—who have illegally come into our country. Criminals will no longer be able to hide in America’s schools and churches to avoid arrest.”
As the debate over immigration enforcement continues, this policy shift raises critical questions about civil liberties, public safety, and the balance between federal and local jurisdiction over immigration matters.
Original article written by Corina González, translated with the assistance of AI and edited by Greg Heilman.
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