Federal immigration agents can no longer wear masks to conceal their identity or make arrests without a warrant at state courthouses.
Connecticut’s chief justice announced the new rules on Tuesday at the state Capitol, arguing they are designed to increase safety and minimize disruptions.
But it’s unclear how the new rules will be enforced – and critics believe it will lead to more dangerous arrests on the street.
“NOT SAFE TO THE PUBLIC”
“After the incident in the Stamford courthouse where ICE broke a window, it was clear that allowing these arrests to continue without consequences is not safe to the public,” said state Rep. Steve Stafstrom (D-Bridgeport), co-chair of the Legislature’s Judiciary Committee.
Social media videos show other encounters near the Stamford and Danbury courthouses, with immigration agents covering their faces and wearing military-style tactical gear – sometimes without any identifying information.
NEW POLICY
Under a new Judicial Branch policy, immigration arrests are now banned at courthouses unless ICE has a warrant signed by a judge – not simply an administrative detainer. Also, agents can no longer wear masks to conceal their identity unless it’s “medically necessary.”
The new rules go into effect immediately.
“Judges, staff, litigants, members of the public – they all must be able to conduct their business in our courthouses without fear of disruption,” said Chief Justice Raheem Mullins, who also oversees court operations. “The due administration of justice requires that courthouse security be protected.”
Gov. Ned Lamont joined Mullins for the announcement.
“There have not been a lot of instances, but there have been some instances of ICE going into our courthouses, wearing masks, taking people out.” he said. “It’s very important that immigrants – and even undocumented immigrants – feel safe going into our courthouses. In many cases, they’re going into our courthouse as a witness to a crime.”
INCREASED DANGER?
ICE and the U.S. Department of Homeland Security did not respond to requests for comment. But Republican leaders said that the new rules are not only dangerous for ICE agents, but the public as well.
“If their identity is uncovered, in terms of their personal identity, they run the risk of being the victims of a crime,” said Connecticut House GOP leader Vin Candelora (R-North Branford). “Having these open arrests on the streets certainly do create fear in individuals that are witnessing it.”
Others accused Lamont of a double standard.
“It’s also ironic for Connecticut to ban law enforcement officers from wearing masks during the performance of their duties when the governor chose to restrict individual freedoms for years by enforcing mask mandates and even shuttering the public's access to the same courthouses during the pandemic and afterward,” said state Rep. Craig Fishbein (R-Wallingford), the top Republican on the Judiciary Committee.
IS IT ENFORCEABLE?
Mullins did not provide specifics on how – or if – judicial marshals cam enforce the new rules.
“Court employees are not to interfere or assist,” said Mullins. “That is the guidance that they get.”
The TRUST Act already prohibits court employees from assisting immigration authorities, but there are limits.
“We are not going to be able to stop 12 armed ICE agents from storming the front door of a courthouse,” Stafstrom told reporters.
NEW LAWS?
State lawmakers are looking at making the courthouse policy law, potentially allowing those detained to sue immigration agents.
Lawmakers expect to head back to Hartford for a special session at the end of next month, but it’s not clear if legislation will be ready by then.
Immigrant advocates are also calling for lawmakers to offer more remote hearings.
"Today’s announcement is a step forward, but our work is far from done," said Barbara Lopez, executive director of Make the Road CT. "Our immigrant families must feel safe accessing services, going to school, going to court, and even using their drive-only licenses without fear of being targeted. Courthouses should be places where justice should be accessible, and no one should feel hunted, threatened, or unsafe when walking through their doors. This decision affirms that our immigrant communities deserve dignity and protection. We now call on Governor Lamont and all our state elected leaders to show up with courage during the special session, and defend immigrant families by addressing all priorities. Our communities will not be invisible, and we will not be silent”