❓WHAT HAPPENED: A federal judge issued an order to bar U.S. Immigration and Customs Enforcement (ICE) agents from making arrests at courthouses without a warrant.
👤WHO WAS INVOLVED: U.S. District Court Judge Jeffrey Cummings and ICE agents.
📍WHEN & WHERE: Recently in Cook County, Illinois.
💬KEY QUOTE: “The fair administration of justice requires that courts remain open and accessible, and that litigants and witnesses may appear without fear of civil arrest.” – Judge Jeffrey Cummings
🎯IMPACT: ICE agents are restricted from making “collateral arrests” at courthouses, impacting their operations.
U.S. District Court Judge Jeffrey Cummings, appointed to the bench by former President Joe Biden, has issued an order barring U.S. Immigration and Customs Enforcement (ICE) agents from arresting illegal immigrants inside the Cook County courthouse in downtown Chicago, Illinois, unless they can produce a warrant. The legally and ethically dubious directive follows a number of arrests executed by ICE both inside and near several Chicago-area courthouses.
“The fair administration of justice requires that courts remain open and accessible, and that litigants and witnesses may appear without fear of civil arrest,” Judge Cummings wrote, continuing: “One thing seems clear: ICE rousted American citizens from their apartments during the middle of the night and detained them—in zip ties no less—for far longer than the ‘brief’ period authorized by the operative regulation.”
Cummings’s order aims explicitly to prevent ICE agents from making so-called “collateral arrests,” where immigration enforcement agents executing an arrest warrant also detain other illegal immigrants present in or near the courthouse. The Democrat-appointed judge threatened that he would back the directive by ordering the arrest of any ICE agent who violates it.
In response, the Department of Homeland Security (DHS) defended the actions of ICE agents, arguing that courthouses should not be exempt from law enforcement activities. “We aren’t some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law,” DHS stated. “Nothing in the Constitution prohibits arresting a lawbreaker where you find them.”
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