Federal Agencies, Agency Memos & Announcements

ICE Acting Director and CBP Acting Commissioner Issue Memo on Civil Immigration Enforcement Actions In or Near Courthouses

4/27/21 AILA Doc. No. 21042737. Removal & Relief

ICE Acting Director Tae Johnson and Acting CBP Commissioner Troy Miller issued a memo to ICE and CBP personnel pertaining to the limited circumstances in which civil immigration enforcement actions may be carried out in or near a courthouse. This policy supersedes an ICE directive issued in 2018.

According to a DHS press statement, a civil immigration enforcement action may be taken in or near a courthouse only in the following limited instances: “(1) it involves a national security matter, (2) there is an imminent risk of death, violence, or physical harm to any person, (3) it involves hot pursuit of an individual who poses a threat to public safety, or (4) there is an imminent risk of destruction of evidence material to a criminal case. The interim guidance also makes clear that civil immigration enforcement is permitted against public safety threats in the absence of hot pursuit where necessary and with prior approval.”

Cite as AILA Doc. No. 21042737.