First Circuit Lifts Injunction on ICE Arrests at Massachusetts Courts

Immigration & Customs Enforcement arrests at state courthouses across the country have been an issue, especially in the ear of President Trump.

Earlier this week, the U.S. Court of Appeals for the First Circuit vacated a district court’s preliminary injunction barring U.S. immigration authorities from arresting immigrants appearing at Massachusetts courthouses.  The panel (Juan Torruella, Bruce Selya, and William J. Kayatta, Jr.) in an opinion by Judge Selya held:

“We conclude that the district court abused its discretion in finding that the plaintiffs were likely to succeed on the merits of their argument that the INA implicitly incorporates a common law privilege against civil arrests for individuals attending court on official business. Turning to the plaintiffs’ backup argument, we likewise conclude that, on the underdeveloped record before us, the plaintiffs have so far failed to show that they are likely to succeed in arguing that ICE lacks statutory authority to conduct such arrests in Massachusetts because Congress has not clearly stated its intent to permit arrests that violate state law. Consequently, we vacate the preliminary injunction and remand for further proceedings consistent with this opinion.”

WBUR News reports on the ruling.  “Courthouse arrests have angered lawyers, immigration advocates and even some judges, who want ICE to make courthouses `sensitive locations’ generally free from immigration enforcement. While such arrests happened under President Barack Obama, lawyers say they’ve seen an uptick under President Donald Trump.”  Some critics claim that immigrants fearing arrest will not appear at their hearings, participate in trials, and generally assist in judicial business.  

In June 2019, U.S. District Judge Indira Talwani enjoined ICE from arresting people as they are arriving at, leaving or inside a Massachusetts courthouse.

KJ