SACRAMENTO, Calif. — In response to growing concerns about immigration enforcement near courthouses, Sen. Eloise Gómez Reyes on April 6 announced amendments to SB 873 — “Kick ICE Out of Courts” — aimed at setting clearer expectations for federal immigration enforcement activity on and around courthouse grounds, according to the Office of Eloise Reyes.
This bill amendment “requires Immigration and Customs Enforcement (ICE) agents to present a valid judicial warrant and clearly identify themselves before making an arrest within 1,000 feet of a California courthouse.” Reyes’s office highlights that this measure “also reinforces protections for individuals traveling to, attending, or leaving court proceedings for lawful purposes.”
The main goal of SB 873 is to “protect access to the courts by preventing indiscriminate civil arrests that disrupt scheduled appearances and deter participation in the judicial process.” This is due to “recent enforcement activity [which] has contributed to a growing climate of fear, discouraging individuals — including victims, witnesses, and families — from appearing in court and undermining the integrity of the justice system.”
Sen. Reyes emphasizes that “flagrant disregard for rights protected by constitutional law will not be tolerated in California… California fully intends to protect the right of our residents to participate in judicial proceedings.”
She further stated that “indiscriminate arrests in and around California courts by unidentified federal agents without proper warrants are unreasonable, unjust, and unlawful. This bill makes protections explicit, and I look forward to discussing this issue with my colleagues and impacted communities.”
Further coverage by Black Voice News reporter Breanna Reeves notes that SB 873 is another effort to “hold ICE accountable” and “aims to prevent ICE agents from showing up to scheduled court appearances unannounced and conduct ‘indiscriminate’ arrest.” A statement put out by Reyes said, “One of the core responsibilities of the government is to protect people, not to inflict terror on them. California is not going to let the federal government make political targets out of people trying to be good stewards of the law.” Reyes strongly believes the acts of ICE agents could discourage people from attending court and could possibly result in a less safe community.
Executive Director of the California Public Defenders Association Kate Chatfield remarked that “when ICE agents stalk our courthouses, it effectively bars access to the court. A democracy where one can be arrested merely for going to court is no democracy at all.”
Chatfield continued, stating that “SB 873 closes a dangerous loophole that ICE has been exploiting and makes clear that California’s courthouses must remain accessible to everyone. This is not just an issue for immigrants. It’s an issue for all Californians. It’s an issue for democracy. We thank Senator Reyes for working to protect the rule of law in California — for everybody.”
Policy Advocate for the Western Center on Law & Poverty Tina Rosales-Torres added that “when people are pushed out of the justice system, inequality deepens.” Rosales-Torres explained that “SB 873 helps ensure that low-income and immigrant communities can access the courts,” and “justice only works if people can safely access it and should never depend on who feels safe enough to show up.”
Amagda Pérez, executive director of the California Rural Legal Assistance Foundation, emphasized that “California Senate Bill 873 represents a meaningful step forward to ensure that California immigrants are protected from heightened risks that they face accessing their right to participate in judicial proceedings.”
Pérez also noted that “this bill protects our client’s safety from unlawful targeting and the integrity of California’s justice system… [and] affirms that California is committed to fairness, dignity, and equal protection under the law for all.”
SB 873 was revised on March 25 and will be assigned to a policy committee for analysis and hearings in the coming weeks.
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