Judge's Order Bars ICE From Courthouse Arrests

The top judge in Cook County, which includes Chicago, has signed an order barring ICE from arresting people at courthouses. Detaining residents outside court has been a common tactic for federal agents, who have been stationed outside county courthouses for weeks, making arrests and drawing crowds of protesters, the AP reports. The order, which took effect Wednesday, bars the civil arrest of any "party, witness, or potential witness" going to court proceedings. It prohibits arrests inside courthouses and in parking lots, surrounding sidewalks, and entryways.

"The fair administration of justice requires that courts remain open and accessible, and that litigants and witnesses may appear without fear of civil arrest," the order by Cook County Circuit Chief Judge Timothy Evans states. It makes exceptions for cases in which there is a judicial warrant or order authorizing the arrest, per WTTW. The US Department of Homeland Security defended the practice of making arrests at courthouses. "We aren't some medieval kingdom; there are no legal sanctuaries where you can hide and avoid the consequences for breaking the law," DHS said in a statement. "Nothing in the constitution prohibits arresting a lawbreaker where you find them."

Immigration and legal advocates, including the Cook County public defender's office, have called for an order like this, saying clients were avoiding court out of fear of being detained. The office reports at least a dozen immigration arrests at or near county courthouses since the end of July. Representatives said they've seen Immigration and Customs Enforcement's presence outside courthouses increase. Evans said justice "depends on every individual's ability to appear in court without fear or obstruction."