Immigration and Customs Enforcement quietly removed the guidance, which recommended ice sheet agents conducting court attacks to take measures to avoid violations of state and local laws while conducting civil immigration arrests. Subtle policy changes may lead to escalation of law enforcement strategies and legal disputes.
Revised policy guidance, recently published on the ICE website and reviewed by Wired, revealed the agency’s efforts to strengthen discretion and autonomy of federal agents arrested in and around the courts, one of the more radical initiatives the Trump administration has adopted as part of its comprehensive and comprehensive immigration around the United States and its territory. The policy revision has not been reported before.
ICE agents have made high-profile arrests of immigrants attending regular court hearings in recent weeks, a government effort to carry out what Trump calls the largest deportation campaign in U.S. history.
The change in guidance was amidst the ice raids across the United States, sparking some protests and fierce confrontations with citizens, threatening the erosion of local autonomy and democratic governance of law enforcement actions within the community, while further blurring the lines between civil and criminal law enforcement.
Caleb Vitello, the former acting director of ICE, ordered agents to ensure that the court arrests “not subject to the law imposed by jurisdiction in law enforcement proceedings” under temporary guidance issued in January. Todd Lyons, the current acting director, released a replacement memorandum on May 27 that removed language respecting local laws and regulations that restricted ice media from committing “law enforcement actions” in or near courts.
“The old policy requires ICE to consult with legal counsel to determine whether arrests in court or near the court violate non-federal law. The new policy eliminates this requirement,” said Anthony Enriquez, vice president of human rights at RFK, a human rights advocate. “Now, these often complex legal issues fall within the judgment of line officers who are not trained in local laws.”
“Of course, the release and expansion of enforcement actions to ICE without considering state laws is certainly another effort,” said Emma Winger, deputy director of the U.S. Immigration Commission.
Federal policy guidance is not legally binding, but rather has legal power in practice that stipulates ICE agents with procedures for enforcing enforcement actions.
In response to a request for comment, ICE spokesman Mike Alvarez mentioned the May 27 memorandum. The ICE declined to clarify whether local court policies and security protocols will continue to be considered during the enforcement action.
Vitello, who was responsible for publishing the original guide, was appointed acting director of the Ice by President Donald Trump shortly after his inauguration. Vitello was deleted in late February and was reportedly transferred to oversee the agency’s deportation. Lyon served as acting director in March.
The Biden administration has previously restricted ice enforcement operations in and around 2021, and the arrests (reported to peak in Trump’s first term) have reportedly “has a shocking impact on individuals’ willingness to work in court or with law enforcement officers.”
