Immigration & Customs Enforcement Memo (January 2025)

“Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses”

•      Directs ICE to conduct civil immigration enforcement in or near courthouses when they have credible information that a “targeted alien” will be at a specific location.

•      “Targeted Alien”:

1.      National security/public safety threat

2.      Gang affiliation

3.      Aliens with prior removal orders who have not departed

4.      Aliens who re-enter without inspection after removal

This list of “targeted aliens” is not exclusive and without a clear priority system for civil immigration enforcement, anyone who is not a United States Citizen and is subject to removal from the United States for any reason is at risk of being arrested for removal.

The ICE memo precludes courthouse arrests “where such action is precluded by                    laws in the particular jurisdiction” (i.e., New York State “Protect Our Courts Act” (POCA) NYS Protect Our Courts Act (2019)

•   Under POCA, courthouse civil immigration arrests should not be occurring in New York State.

•    However, if you see ICE or other immigration enforcement at or near the courthouses in NYS, please contact our office and/or the NYS Attorney General as this information is extremely important.

Finally, the ICE memo specifically excludes non-criminal courts from immigration enforcement – i.e., family court.