Michigan Supreme Court Bars ICE and Civil Arrests at Courthouses to Protect Justice Access

The Michigan Supreme Court took a significant step to safeguard access to justice by approving a rule that prohibits civil arrests, including those based on civil immigration warrants commonly used by ICE, at courthouses and related legal proceedings. The rule, effective May 1, ensures that parties, attorneys, and subpoenaed witnesses cannot be arrested while attending court or traveling directly to and from court.

Civil immigration warrants issued by ICE are administrative, not judicial, and this new rule recognizes the chilling effect such arrests have on the fair administration of justice. The court’s decision follows a public comment period that drew over 2,500 responses, including strong support from Attorney General Dana Nessel and the State Bar of Michigan.

Nessel emphasized that ICE itself has policies limiting courthouse arrests and that this rule would not significantly disrupt federal enforcement operations. Instead, it prioritizes protecting “the people’s fundamental right to participation and accountability in the fair administration of justice.”

This policy brings Michigan in line with states like New York, Connecticut, and Illinois, which have enacted similar protections to prevent ICE from using courthouses as hunting grounds for civil immigration arrests.

Judge Noah Hood, concurring with the majority, highlighted that the rule is a proper exercise of the court’s authority to maintain order and protect those involved in judicial processes from unnecessary interference.

However, Justice Brian K. Zahra, the court’s sole Republican, dissented, dismissing the rule as a political gesture addressing a non-existent problem. Zahra argued that state courts lack the power to nullify federal arrests under the U.S. Constitution’s Supremacy Clause and warned that the rule offers “false assurance” and “false comfort” to those concerned about federal detention.

The court’s ruling comes amid broader legislative efforts in Michigan to limit ICE’s reach in courts and public spaces, including bills that would restrict federal law enforcement’s use of masks. While these bills have advanced in the Democratic-controlled Senate, they face resistance in the GOP-led House, with Speaker Matt Hall refusing to bring them up for a vote.

This new rule marks a critical victory for civil rights advocates and anyone concerned about the erosion of democratic norms under aggressive immigration enforcement tactics. It pushes back against ICE’s expanding for-profit detention system and the targeting of vulnerable individuals in spaces meant to be safe for legal recourse.

For Michigan residents, this means greater protection from ICE’s civil arrests at courthouses, ensuring that fear of immigration enforcement does not bar access to justice. The fight, however, continues both in the legislature and courts as the Trump-era legacy of authoritarian overreach persists.