ICE & CBP Will Limit Arrests at Courthouses & Stop Using Certain Harmful Language When Referring to Immigrants | Joseph & Hall P.C.

On April 27, 2021, the Division of Homeland Safety (DHS; Division) introduced that U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Safety (CBP) brokers will not be allowed to arrest folks in or close to courthouses for many immigration violations. This marks a drastic change in coverage and angle from the Division, because the DHS Secretary now explicitly acknowledges the “chilling impact” that “civil immigration arrests at courthouses throughout the prior administration had … on people’ willingness to come back to court docket or work cooperatively with legislation enforcement.”

Colorado already had a legislation in place, Senate Invoice 83, which, since March 23, 2020, has prohibited ICE from making civil immigration arrests whereas an individual is in a courthouse or on its property or if the individual goes to or from a court docket proceedings. Nonetheless, starting now, nationwide, courthouse arrests will solely happen in sure restricted situations, together with conditions involving: (1) nationwide safety issues; (2) imminent threat of loss of life, violence, or bodily hurt to somebody; (3) scorching pursuit of a person who poses a menace to public security; (4) imminent threat of destruction of proof materials to a felony case; or  (5) public security threats within the absence of scorching pursuit the place obligatory and with prior approval.

Moreover, final week, on April 19, 2021, the Biden administration issued memos to ICE and CBP division heads, ordering them to cease utilizing dangerous and divisive phrases utilized by the prior administration, akin to “alien,” “unlawful,” and “assimilation,” when referring to immigrants in the USA. As a substitute, they are going to be required to make use of “noncitizen” or “migrant,” “undocumented,” and “integration,” respectively.

All of those adjustments seem like according to the administration’s acknowledged targets of adjusting attitudes and fostering unity and inclusion within the context of immigration, which immigration advocates hope will finally result in concrete, larger-scale immigration reform.

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