Michigan Supreme Court Implements Rule to Prohibit Civil Arrests at Courthouses
The Michigan Supreme Court has recently approved a new rule that bars civil arrests, including civil immigration warrants commonly used by ICE, at courthouses in the state. This rule, effective from May 1, aims to protect individuals attending judicial proceedings from being subject to civil arrests.
Key Details of the Rule
The rule specifies that individuals attending court proceedings, including parties, attorneys, and witnesses, are protected from civil arrests while traveling to, attending, and returning from court. This measure also extends to any necessary travel directly related to court appearances.
Public Response and Support
The proposal of this rule in November garnered significant public attention, with over 2,500 comments submitted to the court’s website. Notably, Michigan Attorney General Dana Nessel and various state legislators and organizations, including the State Bar of Michigan Executive Committee, voiced their support for the rule.
Attorney General Nessel emphasized that ICE could carry out its operations without resorting to civil arrests at courthouses, noting that the rule’s impact on ICE operations would be minimal. The rule aligns Michigan with other states like New York, Connecticut, and Illinois that have enacted similar policies to restrict ICE actions at courthouses.
Dissenting Opinion
Despite the majority’s approval, Justice Brian K. Zahra, the sole Republican on the court, issued a dissenting opinion against the rule. Zahra argued that the rule was unnecessary and labeled it as a political statement rather than a practical solution. He raised concerns about the rule’s potential conflict with the U.S. Constitution’s Supremacy Clause, which limits state jurisdiction over federal arrests.
Legislative Developments
While the Michigan Supreme Court’s ruling addresses civil arrests at courthouses, a set of bills aimed at limiting ICE actions in various jurisdictions, including courts, has progressed to the full Senate. These bills also seek to restrict the use of masks by federal law enforcement officers. The potential passage of these bills in the Senate reflects ongoing debates and actions surrounding immigration enforcement in Michigan.
