Migrant courthouse detainment carried out by immigration agents are not required to work with local authorities, per Immigration and Customs Enforcement (ICE). The organization issued an update to guidance removing requirements that held immigration agents beholden to local laws. The same update no longer encourages immigration agents to cooperate with local authorities, too.

Memorandum 11072.4, Civil Immigration Enforcement Actions in or Near Courthouses, supersedes Policy Number 11072.3, “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses”. Policy Number 11072.3, issued January 21, 2025, directs immigration agents to carry out courthouse detainment if no local laws prohibiting such actions. Memo 11072.4 removes this clarification.

In the past several weeks, the number of courthouse detainments of migrants and noncitizen residents has increased. ICE agents have also asked immigration judges to terminate cases as a means of expediting the removal process. Memo 11072.4 being issued on May 27, 2025, explains this steady increase in courthouse detainments.

The same memo also removed the requirement for immigration agents to work with a local Office of Principal Legal Advisor (OPLA) if there are local restrictions on such operations. Federal immigration authorities do have the right to pursue an expedited removal process for individual migrants. Doing so on this scale hasn’t been seen before.

Local laws and officials have been the biggest obstacles against federal immigration enforcement efforts. Memo 11072.4 partly removes these obstacles. It’s unclear if these new guidelines are permanent.

As always, ImmigrationUSA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.