Overview:
- The prohibited arrests would apply to any of Michigan’s trial or appellate courthouses, and not to federal courthouses.
- The Trump administration’s deportation tactics include a rapid increase in courthouse arrests.
- “Now more than ever, Michigan courthouses must be physical spaces that are free from unnecessary interference or actions that chill an individual's access to the legal system,” says Diana Marin, vice president of the Hispanic Bar Association of Michigan.
Michigan Supreme Court justices heard arguments in support of a proposed court rule that would prohibit civil arrests while a person is “attending a court proceeding or having legal business in the courthouse,” unless the arrest is on a valid judicial warrant.
Seven speakers advocated for the rule during a public administrative hearing Wednesday. The proposed rule encompasses most arrests carried out by Immigration and Customs Enforcement agents, who typically rely on civil immigration warrants that are administrative, not judicial.
The prohibited arrests would apply to any of Michigan’s trial or appellate courthouses, and not to federal courthouses.
The Trump administration’s deportation tactics include a rapid increase in courthouse arrests. In Massachusetts, courthouse arrests increased by nearly threefold in Trump’s first nine months in office, according to ICE data compiled by the Deportation Data Project.
Attorneys and advocates who spoke at the public hearing and with Planet Detroit said the opportunistic arrests discourage individuals – and their support systems – from coming to court for hearings, testimony, and other legal business.
Washtenaw County Prosecuting Attorney Eli Savit spoke at Wednesday’s virtual hearing. Noncitizens who have court appointments unrelated to immigration — for example, victims of abuse — should be protected under the new rule, he said.
The rule would protect not only individuals who appear on a court docket, but the people they bring with them for support as they testify about “probably the most traumatic experience” in their life, he said, related to immigration or otherwise.
Savit said the rule should apply to both mandatory and discretionary court appearances. “Since last year, we have seen a troubling increase in victims who are noncitizens failing to show up to court to testify against their abusers,” Savit said.
Noncitizen witnesses are often key witnesses in cases, and their fear of detention at the courthouse can undermine prosecutions, he said.
Another speaker, Lisa Varnier, a former assistant prosecuting attorney in Oakland County, said the term “civil arrest” needs to be defined so that it includes civil immigration warrants.
Her concern is the revised court rule will be interpreted to apply only to the civil arrest described in the state statute, so that immigrants would not be protected from civil immigration arrests in a court building, she said.
“From my work with immigrants, I can tell you that even though they are fully documented and are in this country with the permission of the federal government, they are absolutely terrified of going to any court building for fear that they will be arrested by ICE,” Varnier said.
Over 2,500 comments were submitted to the state Supreme Court on the proposed rule change, including from Attorney General Dana Nessel and Democratic state Sens. Mary Cavanagh, Jeremy Moss, and Stephanie Chang.
Diana Marin, vice president of the Hispanic Bar Association of Michigan, said the right to access the legal system, including courthouses, is constitutional and has long applied to citizens and noncitizens.
“Now more than ever, Michigan courthouses must be physical spaces that are free from unnecessary interference or actions that chill an individual’s access to the legal system,” Marin said.
The full Michigan Supreme Court will consider the matter and comments made during the hearing and the written public comment period. No additional public hearings are planned. A written order will appear on the Michigan court website under Proposed Amendment of MCR 8.115.
🗳️ What’s next? Tips for civic action
Why it matters
⚡ Prohibiting civil arrests in courthouses without a valid judicial warrant could ensure immigrants, crime victims, and witnesses can safely access the state legal system without fear of detention.
Who’s making civic decisions
🏛️ The Michigan Supreme Court.
How to take civic action now
- 📩 Email the Michigan Supreme Court at clerkinfo@courts.mi.gov
- ✉️ Mail the Michigan Supreme Court, P.O. Box 30052, Lansing, MI 48909
- 📞 Call the Michigan Supreme Court at 517-373-0120.
What to watch for next
🗓️ The Michigan Supreme Court’s final decision on whether to adopt or revise the proposed rule, including how a “civil arrest” is defined.
Civic impact
🌍 The ruling could reshape the public’s access to justice and the relationship between state courts and federal immigration enforcement.
⭐ Please let us know what action you took or if you have any additional questions. Please send a quick email to connect@planetdetroit.org.
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