ICE Using Courthouse Cells to Hold People for Long Periods

ICE is detaining immigrants in courthouse cells for extended periods, sparking concerns over civil rights and treatment. Critics argue these "essentially cages" reflect harsh immigration policies. Legal advocates emphasize the psychological and legal impact on detained individuals. The practice raises debates over humane treatment, accountability, and balancing immigration enforcement with human rights.

Oliver Mercer
By Oliver Mercer - Chief Editor
12 Min Read

Key Takeaways

  • ICE detained over 47,600 individuals by March 2025, with 32,000 arrests made between January and early March 2025.
  • Courthouse arrests resumed without restrictions in February 2025, targeting individuals seeking legal protection or complying with court orders.
  • ICE courthouse arrests led to reduced legal participation, causing safety risks and eroding trust in justice and legal systems.

The way U.S. Immigration and Customs Enforcement (ICE) handles arrests and detentions has long sparked national conversation, particularly concerning the rights of immigrants and the fairness of its methods. Among these methods, the use of courthouse cells for detaining individuals has recently generated widespread debate. Courthouse arrests and prolonged detentions have raised questions about their impact on civil rights, access to justice, and public safety. Even though data does not explicitly confirm whether ICE specifically detains individuals in courthouse cells for lengthy periods as of 2025, its enforcement activities in and around courthouses reveal much about the contentious intersection of immigration enforcement and justice in the U.S.

ICE Detention Practices and a Surge in Enforcement

ICE Using Courthouse Cells to Hold People for Long Periods
ICE Using Courthouse Cells to Hold People for Long Periods

ICE’s detention operations have grown substantially in recent years, with official data in early March 2025 indicating that over 47,600 individuals were in ICE custody. This increase in detentions reflects the agency’s renewed focus on finding and deporting undocumented immigrants, a directive significantly ramped up during President Trump’s administration. Enforcement actions have been particularly aggressive, with ICE conducting over 32,000 arrests between January and early March 2025 alone—a large proportion of these individuals had no criminal records apart from their immigration status.

Courthouse arrests have been a key tool in ICE’s broader enforcement strategy. For years now, the agency has relied on arresting individuals who visit courthouses for matters unrelated to immigration. High-profile examples include the arrest of a Deferred Action for Childhood Arrivals (DACA) recipient attending court in Chicago for a traffic violation, as well as a woman in El Paso seeking protection from domestic violence. Such incidents demonstrate how courthouses have become zones where immigration enforcement intersects with individual efforts to engage with the legal system.

Although temporary limitations were placed on courthouse arrests in April 2021 through Department of Homeland Security guidance, policy shifts under the Trump administration have re-empowered ICE to operate freely in these spaces. This reversal has contributed to an atmosphere of fear among immigrant communities, where courthouses are no longer seen as neutral venues of justice.

Origins and Policies Establishing Courthouse Arrests

The use of courthouse settings for immigration enforcement is not a new practice, though it has become more formalized in recent years. ICE officials have argued that courthouse arrests are both practical and necessary, calling these locations ideal for apprehending individuals already present for judicial matters. In 2018, the agency adopted policies to further establish this approach, framing courthouse enforcement as a standard law enforcement practice.

By February 2025, early protections that restricted ICE activity in courthouses had been rolled back completely, again allowing agents to make arrests without limits on timing or location. With this change, individuals complying with court orders or seeking essential legal protection could be arrested, often leading to immediate and, in some cases, extended detentions. This shift is significant because it challenges ideas about courthouses being neutral zones that exist apart from broader enforcement goals.

The debate surrounding courthouse arrests is as much a legal issue as it is an ethical one. Critics argue that arrests in these settings violate the rights of immigrants and undermine basic principles of due process. Legal advocates point out that prolonged detentions without timely judicial review often result when ICE arrests individuals in courthouses, leaving them in legal limbo. A key federal court decision in 2020 recognized this issue and ruled that immigrants detained by ICE must appear before a judge within ten days of arrest. However, complaints about excessive detention periods still persist.

For example, an investigation in Louisiana in 2024 documented cases of immigrants being kept in unsanitary and restrictive conditions for several months, even after their removal was ordered. If courthouse cells are being used to detain individuals for extended periods, these types of conditions could mirror broader concerns about inhumane treatment in ICE facilities.

Moreover, the legality of courthouse enforcement itself has been frequently questioned. Civil rights groups and immigration attorneys have challenged ICE’s courthouse arrests as violations of the U.S. Immigration and Nationality Act, arguing that they jeopardize the public trust in legal systems. Even judges have raised concerns, with a group of 68 retired state and federal judges writing a letter demanding that ICE stop courthouse arrests. They cautioned that this practice undermines confidence in the judiciary, which is foundational to promoting fairness and justice.

Effects on Justice and Public Safety

The repercussions of ICE’s courthouse arrests extend beyond the individual cases and call into question broader issues of justice, rights, and public safety. One of the most significant effects is the creation of a chilling effect on immigrant communities. When individuals know that attending a courthouse might expose them to ICE enforcement, they may avoid legal proceedings altogether. Data from cities like Houston and Los Angeles has shown declines in Latino residents seeking protective orders or other forms of legal safety. Survivors of domestic violence are especially vulnerable, as their choice becomes one of either continuing to live in danger or risking deportation while seeking help.

This decline in court engagement also presents serious implications for civil rights and equal access to justice. By creating practical and psychological barriers to accessing legal protection, ICE’s courthouse arrests disproportionately affect vulnerable populations, including racial minorities. Legal advocates see this as systemic discrimination and a direct violation of constitutional principles.

Public safety is equally affected. Law enforcement officials and district attorneys have reported that ICE’s activities in courthouses discourage crime victims and witnesses from cooperating with investigations. District attorneys in Denver and Brooklyn have confirmed having to drop certain cases due to a lack of witnesses willing to testify. This damages the fabric of local justice systems by preventing communities from feeling safe enough to report crimes or support prosecutions. Such outcomes hinder law enforcement and may embolden those who commit crimes, knowing their victims fear interaction with authorities because of potential immigration consequences.

Damaging the Judiciary’s Reputation

The ripple effects of ICE’s courthouse activities also extend to public perception of the U.S. judiciary. Traditionally, courthouses are viewed as places where justice is blind to race, nationality, or immigration status. When those spaces become intertwined with immigration enforcement, this impartiality is questioned. Immigrants are left to see courthouses as extensions of immigration enforcement efforts, steering them away from engaging with the judicial system altogether.

This erosion of trust is not just felt by immigrants but reverberates through broader communities, creating divisions and reducing confidence in one of democracy’s fundamental institutions. Without accessible justice for everyone, the promise of equality and fairness that the judiciary represents is weakened.

Final Thoughts: Time for Reform

ICE’s enforcement actions at courthouses and the potential for lengthy detentions in courthouse cells highlight deeper issues in the U.S.’s immigration system. While there is no confirmed evidence of people being specifically detained in courthouse cells for extended periods, the larger policies that permit courthouse arrests reveal a system at odds with civil rights and justice principles. Combined with reports of abuse in detention facilities and ongoing legal disputes over due process, the ramifications of these practices are far-reaching.

Addressing these concerns requires policy changes that balance immigration enforcement with respect for human rights and access to justice. Legislative interventions, judicial rulings, and advocacy are all essential tools to ensure that courthouses remain spaces of fairness and impartiality. Maintaining trust in the judiciary is not just about preserving the law but also about ensuring that it applies equally to everyone, regardless of their immigration status.

For further information on how immigration policies may impact your legal rights, visit the official U.S. Citizenship and Immigration Services site at uscis.gov. As VisaVerge.com’s analysis points out, finding solutions to these challenges means rethinking how we intersect immigration enforcement with fundamental justice systems. The path forward must protect not only the law but also the dignity of those who engage with it.

Learn Today

U.S. Immigration and Customs Enforcement (ICE) → A federal agency enforcing immigration laws, focusing on detention, deportation, and arrests of undocumented individuals in the U.S.
Deferred Action for Childhood Arrivals (DACA) → A U.S. policy protecting certain undocumented immigrants brought as children from deportation, providing temporary legal status.
Courthouse Arrests → The practice of detaining individuals at courthouses, often targeting immigrants attending unrelated legal proceedings.
Due Process → Legal principle ensuring fair treatment through the judicial system, safeguarding individuals’ rights against arbitrary denial of justice.
Chilling Effect → A situation where fear of negative consequences, like deportation, deters individuals from exercising legal rights or participating in justice systems.

This Article in a Nutshell

Courthouse arrests by ICE blur justice and enforcement, creating fear in immigrant communities. Survivors of violence avoid legal help, fearing deportation. Critics argue this undermines trust in courts, erodes civil rights, and weakens public safety. Reform is essential to ensure courthouses remain impartial spaces safeguarding justice for all, irrespective of immigration status.
— By VisaVerge.com

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Oliver Mercer
Chief Editor
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As the Chief Editor at VisaVerge.com, Oliver Mercer is instrumental in steering the website's focus on immigration, visa, and travel news. His role encompasses curating and editing content, guiding a team of writers, and ensuring factual accuracy and relevance in every article. Under Oliver's leadership, VisaVerge.com has become a go-to source for clear, comprehensive, and up-to-date information, helping readers navigate the complexities of global immigration and travel with confidence and ease.
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