Immigration Court Due Process Protection Act of 2025
- Sponsor
- Rep. Goldman, Daniel S. [D-NY-10]
- Committees
- Judiciary Committee (primary)
- Last action
- Dec 9, 2025
Bottom line
The bill aims to establish immigration court facilities and DHS check-in locations as 'sensitive locations' where arrests and detentions are generally prohibited, thereby enhancing due process and access to justice for immigrants.
What it actually does
This bill restricts the Department of Homeland Security (DHS) from arresting or detaining individuals at immigration court facilities or immediately upon their arrival or departure for a hearing, unless a judicial warrant is issued. It also prohibits arrests or detentions during scheduled appointments or check-ins with DHS components, unless approved by a senior field management supervisor and reported to the Inspector General. These protections apply to individuals with pending immigration proceedings or appeals, with an exception for imminent threats to public safety or national security.
Proponents argue
Proponents argue that this bill is essential for upholding due process rights, ensuring that individuals can attend their immigration hearings without fear of arrest or detention. They contend that current enforcement practices at or near courthouses deter immigrants from seeking legal remedies, undermine trust in the justice system, and can lead to unfair outcomes. By creating clear restrictions, the bill would facilitate access to counsel and ensure fair participation in legal proceedings, promoting judicial efficiency and fairness.
Opponents contend
Opponents might argue that this bill unduly restricts immigration enforcement capabilities, potentially creating 'sanctuaries' that could be exploited by individuals with outstanding removal orders or those who pose a flight risk. They may contend that DHS officers should have the discretion to apprehend individuals who are in the country unlawfully, regardless of their location, to maintain border security and national sovereignty. Furthermore, critics might raise concerns about public safety if individuals with criminal histories are allowed to freely enter and exit court facilities without immediate apprehension.
The bill text is short and straightforward, making it highly accessible for a reader to evaluate its core provisions quickly.
Section 2(a)
Restrictions on Arrests and Detentions at Immigration Court Facilities
This provision prohibits officers or agents of the Department of Homeland Security (DHS) from arresting or detaining any individual who is physically present at an Executive Office for Immigration Review (EOIR) immigration court facility for a hearing, or immediately upon their arrival or departure. This restriction applies unless a judicial warrant has been issued for the individual's arrest or detention.
Supporters argue
Supporters argue that this provision is crucial for ensuring due process, as fear of arrest at courthouses deters individuals from attending hearings, potentially leading to in absentia removal orders. They contend it fosters trust in the legal system and allows individuals to fully participate in their defense.
Critics contend
Opponents might argue that this restriction creates 'safe zones' for individuals who are subject to removal, making it harder for DHS to enforce immigration laws. They may contend it could be exploited by individuals seeking to evade lawful apprehension, potentially compromising public safety or national security.
Tradeoffs
This provision balances the due process rights of individuals in immigration proceedings against the government's interest in enforcing immigration laws. It seeks to ensure access to justice while acknowledging the need for enforcement in specific, judicially authorized circumstances.
Section 2(b)
Application to Pending Proceedings
This section clarifies that the restrictions on enforcement at immigration court facilities apply to any individual whose immigration proceedings have not yet resulted in a final order of removal. It also extends these protections to individuals during the entire duration of any appeals, motions to reopen, reconsider, or otherwise challenge a final order of removal.
Section 2(c)
Exception for Imminent Threats
This subsection provides a critical exception to the general restrictions, stating that nothing in the Act prevents a DHS officer or agent from taking action when it is necessary to prevent an imminent act of violence or a specific, articulable threat to life, public safety, or national security. This allows for immediate intervention in emergency situations.
Section 2(d)
Restrictions on Arrests at Scheduled DHS Check-Ins
This provision extends protections to individuals appearing for scheduled appointments or check-ins with any component of the Department of Homeland Security. Officers cannot arrest or detain individuals during these appointments or upon arrival/departure, unless written authorization is obtained from a supervisory official at the senior field management level, specifying the legal basis for arrest. Additionally, such arrests must be reported to the Inspector General within 30 days and included in an annual report to Congress.
Section 3
Oversight and Annual Reporting
This section mandates that the Inspector General of the Department of Homeland Security (DHS) submit an annual report to Congress, starting one year after the Act's effective date. The report must evaluate compliance with the Act by DHS officers and agents. It specifically requires details on the number of attempted and completed arrests, the basis for each arrest, the procedural status of the individual's immigration case, and steps taken by the Secretary of Homeland Security to ensure compliance, including guidance and training provided.