Michigan Supreme Court Bans Civil Arrests by ICE at Courthouses to Protect Justice Access

The Michigan Supreme Court has taken a bold stand to shield residents from civil arrests by ICE and other authorities at courthouses and during related travel. The newly adopted rule, effective May 1, prohibits civil arrests of parties, attorneys, and subpoenaed witnesses while attending judicial proceedings or traveling directly to and from them.

This move targets ICE’s use of civil immigration warrants—administrative orders that do not require judicial approval—to detain individuals at courthouses, a practice that chills participation in the justice system and undermines public trust. Over 2,500 public comments flooded the court’s website during the rule’s proposal period, with strong support from Attorney General Dana Nessel, state legislators, and legal organizations.

Nessel emphasized that ICE has demonstrated it can operate without making courthouse arrests and that the rule’s impact on immigration enforcement will be minimal compared to the crucial need to protect access to justice. “The people’s fundamental right to participation and accountability in the fair administration of justice” must come first, she wrote.

Michigan now joins New York, Connecticut, Illinois, and other states that have enacted similar policies limiting ICE’s courthouse reach. Judge Noah Hood underscored that the rule preserves courtroom order and protects litigants and witnesses from unnecessary interference, without infringing on federal or state powers related to civil arrests or immigration enforcement.

Not everyone on the court agreed. Justice Brian K. Zahra dissented, dismissing the rule as a politically motivated solution to a non-existent problem. He warned that state courts cannot override federal arrests, citing the Supremacy Clause, and called the rule’s protections “false assurance.”

The court’s decision arrives as Michigan lawmakers consider bills curbing ICE’s presence in courts and restricting federal officers’ use of masks during enforcement actions. While the Democratic-controlled Senate appears poised to pass these measures, the Republican-led House has stalled similar legislation.

This ruling is a critical step in pushing back against ICE’s aggressive tactics that threaten civil rights and democratic participation. By banning civil arrests in courthouses, Michigan is reinforcing the principle that no one should be scared away from seeking justice or fulfilling civic duties because of fear of detention.

We will continue to track this story and the broader fight against ICE’s abusive practices and attacks on democratic access to the courts. Stay tuned.