SEATTLE (AP) – The Associated Press reports that at a Virginia courthouse, a man whose misdemeanor assault charges were dismissed was detained by three plainclothes immigration agents, all of whom declined to show identification or a warrant. According to the AP, one of the agents even threatened to prosecute a shocked witness who tried to intervene.
Lena Graber, senior staff attorney with the Immigrant Legal Resource Center, told the AP she is aware of at least a dozen immigration arrests at courthouses around the country.
“The historical context is really important,” Graber said. “This is something that was not part of ICE’s practice until the first Trump administration, and people were shocked.”
The AP notes that ICE traditionally avoided arrests at sensitive locations such as schools, hospitals, churches, and courthouses. That policy shifted under the Trump administration, which permitted agents to arrest “specific, targeted aliens” at courthouses, arguing it was necessary due to local officials failing to notify ICE when individuals facing deportation were released.
Under guidance issued on January 21 of this year, ICE agents are permitted to conduct enforcement actions in or near courthouses if they believe their target will be present. However, they are instructed to make arrests in non-public areas when possible and coordinate with court security to avoid disrupting legal proceedings.
In North Carolina, ICE confirmed it arrested four people at a county courthouse, prompting the local sheriff to voice concerns about the agency’s lack of communication and the disruption to court operations.
In New Hampshire, agents tackled a Venezuelan man outside a courthouse elevator, knocking over an elderly man with a cane in the process. Similarly, an ICE agent detained a man on trial in Boston, the AP reports.
The policy has drawn condemnation from judicial officials and legal organizations, as well as sparked lawsuits in several states and inspired legislation aimed at blocking such practices, the AP notes.
The situation drew heightened attention after the arrest of Wisconsin Judge Hannah Dugan last Friday on charges of aiding a man in avoiding ICE agents by allowing him to exit through a jury door.
As reported by the AP, Attorney General Pam Bondi said during a Fox News appearance, “Some of these judges think they are beyond and above the law, and they are not, and we’re sending a very strong message today.”
A similar case during Trump’s first term involved a Massachusetts judge accused of helping a man leave through a courthouse back door to evade an ICE officer waiting for him, the AP notes.
Advocates warn that increased courthouse immigration enforcement may deter people from appearing in court. Chief justices in several states, including California and Washington, have asked ICE to stop, arguing that the fear of arrest discourages victims and witnesses from participating in legal proceedings.
One publicized case involved ICE agents in Texas arresting a woman who was in court to obtain a protection order against her alleged abuser.
Although the Biden administration reinstated restrictions on courthouse arrests, the AP reports they were quickly rolled back after Trump returned to office this year.
On April 22, Teodoro Dominguez Rodriguez, a Honduran national, was confronted and arrested by three ICE officers outside a Charlottesville courtroom. The entire incident was captured on video.
The video shows one agent wearing a balaclava-style ski mask, and none of the three agents responded to demands from bystanders to show identification or a warrant. When two women attempted to block the arrest, one agent threatened to have the U.S. Attorney’s Office prosecute them.
Sheriff Chan Bryant confirmed that agents had shown badges and paperwork to a bailiff, but they did not identify themselves to the public during the arrest, the AP writes.
Albemarle County Commonwealth’s Attorney Jim Hingeley criticized the officers’ failure to identify themselves, writing in an email, “Bystanders, or the person being arrested, might have violently resisted what on its face appeared to be an unlawful assault and abduction.”
In a written statement, ICE defended the agents’ actions, saying they are “trained to assess and prosecute apprehensions in a manner that best ensures operational success and public safety.”
“Normalization is happening here, where federal law enforcement is at this point grabbing people without being required to show that person any form of identification,” said attorney Jeff Reppucci, according to the AP.
Reppucci also warned that arrests like the one involving Dominguez Rodriguez could have a chilling effect on access to justice: “People in divorce proceedings, people with civil disputes, custody hearings, potential witnesses—all are going to be less likely to come to court,” he said.
