First circuit leaves courthouse arrests in place

The First Circuit said that it will not revisit its decision to strike down a ban on courthouse arrests by federal immigration officials, whether in a rehearing or en banc. So doing, the three-judge panel dissolved a district court’s injunction issued after prosecutors sued.

Prosecutors argued that common-law counsels against courthouse arrests that could become an “unreasonable obstacle” to witnesses and defendants coming to court to provide testimony and protect their rights. The government said the issue was “unsettled” in state law.

Under President Joe Biden, the Department of Homeland Security and ICE have backed off courthouse arrests, dissolving the old Trump-era directive and issuing new instructions in April 2021 explaining the limited circumstances under which immigration agents can make civil arrests near or in courthouses. The updated guidance means the case is on hold while the parties assess the new Biden administration policy.

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MHC