1st Circ. Doubts Privilege Blocks ICE Courthouse Arrests

Law360 (July 29, 2020, 2:18 PM EDT) -- The First Circuit voiced skepticism Wednesday that a common law privilege bans U.S. Immigration and Customs Enforcement from making civil arrests in state courthouses, questioning why such a carveout had never appeared in prior case law if it is so well understood.

The panel heard an argument from the federal government that Congress never intended for civil arrests made by private parties to be interpreted the same way as civil arrests made by federal immigration officials when it passed the 1952 Immigration and Nationality Act.

The longstanding privilege permitting civil arrests in and near courthouses formed the basis for U.S. District...

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