Migrant courthouse detainment carried out by immigration agents are not required to work with local authorities, per Immigration and Customs Enforcement (ICE). The organization issued an update to guidance removing requirements that held immigration agents beholden to local authorities. The same update no longer encourages immigration agents to cooperate with local authorities, too.
Memorandum 11072.4, Civil Immigration Enforcement Actions in or Near Courthouses, supersedes Policy Number 11072.3, “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses”. Policy Number 11072.3, issued January 21, 2025, supports immigration agents to carry out courthouse detainment if no local laws prohibiting such actions. Memo 11072.4 removes this clarification.
In the past several weeks, the number of migrant courthouse detainment operations have increased. ICE agents have also asked immigration judges to terminate cases as a means of expediting the removal process. Memo 11072.4 being issued on May 27, 2025, could explain the steady increase in courthouse detainments over the past month.
The same memo also removed the requirement for immigration agents to work with a local Office of Principal Legal Advisor (OPLA) where there are local restrictions on such operations. Federal immigration authorities do have the right to pursue an expedited removal process for individual migrants. Doing so on this scale, however, hasn’t been seen before.
Local laws and officials have been the biggest obstacles against federal immigration enforcement efforts. Memo 11072.4 states federal agents don’t have to take local restrictions into account. It’s unclear if ICE intends for these new guidelines to be temporary.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.