A Biden-appointed judge has ruled that U.S. Immigration and Customs Enforcement (ICE) violated a 2022 agreement restricting its operations at courthouses. Judge Jeffrey Cummings determined that agents must be arrested if they continue detaining individuals suspected of illegal immigration within courthouse premises.

The judge’s decision centered on the legality of warrantless arrests, despite ICE’s focus on individuals present in the country unlawfully. The 2022 settlement, which took effect in May 2022 and expires in February 2026, required ICE to adhere to strict procedures for warrantless arrests in Illinois, Indiana, Wisconsin, Missouri, Kentucky, and Kansas. Cummings found that ICE agents violated the agreement by arresting 22 out of 26 individuals without warrants, using tactics like filling out blank administrative forms after detaining people.

The court ruled that such practices circumvented legal requirements for probable cause before warrantless arrests. The Department of Homeland Security (DHS) defended ICE’s courthouse operations, stating, “Nothing in the Constitution prohibits arresting a lawbreaker where you find them.” However, the judge emphasized that courthouses must remain safe spaces for witnesses and litigants, prohibiting arrests of “parties, witnesses, or potential witnesses” within court facilities or surrounding areas.

The order, signed last week, has already taken effect, halting ICE’s practice of detaining individuals near courthouses. Advocates for immigrant rights praised the ruling, while critics argued it undermines enforcement efforts. The judge also addressed “collateral arrests,” where individuals not targeted in raids were detained, declaring such actions unlawful.

ICE agents now face potential arrest if they violate the court’s directives, marking a significant shift in immigration enforcement policies. The Department of Homeland Security stated it would comply with lawful court orders but did not confirm whether it would challenge the ruling.