The Michigan Supreme Court has proposed a new rule that would ban civil arrests at courthouses.
The proposal would not apply to arrests made when a judge has signed a valid warrant. But it could apply to civil immigration arrests, though the proposed rule doesn’t explicitly name that occurrence.
The state supreme court sets the rules that govern Michigan's legal system.
Christine Sauvé is with the Michigan Immigrant Rights Center. She said her group has been getting an increasing number of calls from people worrying about the presence of Immigration and Customs Enforcement, or ICE, near courthouses.
“It can deter people from using the courts and accessing the court process that they need to preserve individual rights for well-being and again for public safety,” Sauvé said.
Other states, including Illinois and New York, have adopted similar measures.
A federal district judge recently upheld New York’s state law, which dates back to the first Trump administration. The federal government sued New York, claiming the state was unlawfully trying to restrict the federal government's wide power to enforce immigration law.
Sauvé noted ICE agents would still have ample other opportunities to arrest people if they’re no longer allowed to pursue civil arrests in court. She said it’s important people should feel safe to pursue their cases and have full access to the Michigan's justice system.
“Especially given how essential so many of the matters are that go before our state courts. And sometimes the benefits outweighs the potential risk of immigration enforcement,” Sauvé said.
The state is taking feedback on the proposal until December 22.
Tom Boyd is the Michigan state court administrator. He said that feedback will determine what happens next.
“The publication process could result in a rule that looks exactly like this or a rule that looks different from this. Or no rule at all. It’s really just an open ended inquiry,” Boyd said.
