Michigan Supreme Court moves to curb courthouse immigration arrests

May 3, 2026

The Michigan Supreme Court has implemented a new rule, effective May 1, that prohibits civil arrests, including immigration-related detentions, of individuals traveling to, attending, or leaving state and local courthouses for required appearances. The rule applies to parties in legal proceedings, attorneys, witnesses, and jurors, though it does not affect criminal arrests or court-ordered detentions. After reviewing input from over 2,500 individuals and organizations, the court majority determined the measure would improve courthouse safety and accessibility, particularly addressing concerns that fear of immigration enforcement was preventing people from attending court for unrelated legal matters.

Who is affected

Suspected noncitizens and individuals facing potential immigration arrests in Michigan
Parties in court cases, attorneys, witnesses, and jurors in Michigan state and local courthouses
Federal immigration enforcement agents (US Immigration and Customs Enforcement officers and Border Patrol)
Michigan court system and court security staff
US citizens (including one who was mistakenly detained outside Plymouth's 35th District Court)
Trump administration officials (President Donald Trump, Attorney General Pam Bondi, ICE Acting Director Todd Lyons)
Michigan Attorney General Dana Nessel
Michigan Supreme Court justices (Justice Noah Hood, Justice Brian Zahra)

What action is being taken

The Michigan Supreme Court has adopted and implemented a new rule (effective May 1) prohibiting civil arrests in state and local courthouses
President Trump's administration is cracking down on illegal immigration and ramping up deportation efforts
US Immigration and Customs Enforcement officers are pursuing civil immigration enforcement in or around courthouses based on credible information
The Trump administration is challenging similar policies in other states as "sanctuary" measures

Why it matters

This rule change is significant because it addresses widespread concerns that fear of immigration enforcement was deterring people from attending court proceedings for legitimate legal matters unrelated to immigration, which Attorney General Dana Nessel described as "causing havoc on untold levels." The policy aims to ensure equal access to justice and court safety for all individuals regardless of immigration status, protecting the fundamental functioning of the state legal system. It represents a state-level response to federal immigration enforcement practices that advocates argue can create a chilling effect on courthouse attendance, potentially undermining public safety and the judicial process when victims, witnesses, and parties avoid participating in legal proceedings. The rule also highlights the tension between state court authority and federal immigration enforcement, contributing to an ongoing legal and political debate about the appropriate boundaries between state and federal powers.

What's next

No explicit next steps stated in the article

Read full article from source: bridgedetroit.com