Status as of October 18, 2026. California filed a federal lawsuit on October 15 seeking to stop civil immigration arrests at state courthouses. The new lawsuit has not itself blocked ICE arrests, and the state's allegations have not been decided in this case.

California is asking a federal judge to stop U.S. Immigration and Customs Enforcement (ICE) from carrying out civil immigration arrests at state courthouses, arguing that the practice frightens victims and witnesses away from hearings and disrupts the state's justice system. Attorney General Rob Bonta filed the lawsuit on October 15 in the U.S. District Court for the Central District of California.

The case targets a federal courthouse-enforcement directive and ICE operations conducted under it. California wants the court to invalidate that directive and prohibit civil immigration arrests at its courts. No such order has been issued in this new lawsuit.

Why California is suing now

The state's complaint says immigration officers have approached or detained people in courthouse hallways, lobbies and parking lots, and sometimes followed them after court proceedings. California says the operations affect more than people suspected of immigration violations: victims, witnesses, defendants, relatives and people seeking help from a court may be afraid to appear.

That fear has practical consequences, the state argues. Witnesses who do not testify can delay or undermine criminal prosecutions; survivors of domestic violence and people in civil disputes may avoid court altogether. These are allegations in the complaint, not findings in the new case.

California's Department of Justice reports that after ICE changed its courthouse policy in May 2025, the average monthly number of civil immigration arrests in and around state courthouses rose by more than 550% compared with the earlier period. State figures record 34 reported courthouse enforcement incidents and 30 civil arrests in June 2026; in July, 28 incidents and 28 arrests were reported. The totals are reported incidents, not necessarily a complete count of all enforcement activity.

An earlier ruling did not end the arrests

A federal court vacated earlier ICE courthouse-enforcement directives in June 2026 in Pablo Sequen v. Albarran. But California says ICE continued making courthouse arrests after that ruling and operated under a newer directive. That distinction is central to the new case: the state is not reporting a new courthouse ban. It is asking the court to stop an ongoing practice.

The complaint argues that the policy violates the Administrative Procedure Act because ICE did not adequately consider its effects on state courts. It also invokes the Tenth Amendment, which protects state authority, and a longstanding common-law principle against civil arrests of people attending court. The federal defendants will have an opportunity to respond to those legal claims.

What this means for people with court hearings

ICE courthouse enforcement has not been suspended merely because California filed the lawsuit. The case concerns civil immigration arrests at California state courts, rather than a general ban on federal immigration enforcement or arrests in immigration court.

Anyone required to attend a state court hearing should not assume the lawsuit excuses a missed appearance. People concerned about immigration consequences or safety at an upcoming hearing can seek advice from a qualified attorney familiar with both the court proceeding and immigration law.

The case is State of California v. U.S. Immigration and Customs Enforcement, No. 2:26-cv-12026. The next material development will be a court order affecting the challenged policy, or another substantive step in the case.

Official sources

Disclaimer: Factum Immigration is a journalistic publication. This article is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration laws, regulations and agency practices may change. For advice about an individual case, consult a qualified immigration attorney or accredited representative.