Michigan Supreme Court Bans Civil Arrests at Legal Proceedings Starting May 1
Michigan Supreme Court adopts rule protecting parties, attorneys and witnesses from ICE civil arrests during court proceedings, effective May 1.
LANSING, MICHIGAN — The Michigan Supreme Court adopted a new rule Wednesday prohibiting civil arrests, including those conducted by Immigration and Customs Enforcement, at legal proceedings and during travel to and from court appearances.
The rule takes effect May 1 and states that “parties, attorneys, and subpoenaed witnesses are not subject to civil arrest while going to, attending, and returning from the places they are required to attend.” The protection specifically targets civil immigration warrants commonly used by ICE, which are administrative warrants rather than judicial warrants.
Scope of Protection
The new regulation applies to any location where a person is legally obligated to appear for judicial proceedings or related functions. It also covers “the reasonable and direct travel necessary” to arrive at and return from those proceedings.
The rule distinguishes between civil arrests and criminal arrests, focusing on the administrative warrants typically used in immigration enforcement rather than criminal warrants issued by judges.
Significant Public Response
First proposed in late November, the rule generated substantial public attention with over 2,500 comments posted to the court’s website during just over a month of public comment period. The comments included support from Attorney General Dana Nessel, several state legislators, and organizations including the State Bar of Michigan Executive Committee.
According to court documents, supporters argued that ICE can conduct its operations without making civil arrests in courthouses, pointing to the agency’s own prior policies as evidence of this capability.
Implementation Timeline
The rule becomes effective tomorrow, May 1, 2026. Court officials indicated the timing allows for immediate implementation of the protections for individuals required to attend legal proceedings.
Legal experts note the rule represents a step in protecting access to justice by ensuring individuals can participate in legal proceedings without fear of civil immigration enforcement. The measure addresses concerns that immigration enforcement at courthouses could deter witnesses, victims, and parties from participating in the judicial process.
The Michigan Supreme Court’s action follows similar measures adopted by other state courts seeking to maintain the integrity of judicial proceedings while balancing federal immigration enforcement priorities.
