California Sues ICE Over Immigration Arrests at State Courthouses

California Attorney General Rob Bonta filed a federal lawsuit on October 15, 2026, challenging ICE's policy and practice of conducting civil immigration arrests at state courthouses. The complaint alleges violations of the Administrative Procedure Act and the Tenth Amendment, raising questions about federal immigration enforcement authority and access to state judicial proceedings.

Why California Filed the Lawsuit

California Attorney General Rob Bonta filed suit against the Department of Homeland Security and ICE in the Central District of California on October 15, 2026, challenging civil immigration arrests at state courthouses.

The complaint pleads three Administrative Procedure Act claims and a Tenth Amendment claim. The statutory claim is the one to watch: that the Immigration and Nationality Act incorporated the common-law privilege against civil arrest at courthouses, so immigration officers were never granted that authority in the first place.

What Legal Arguments Is California Making?

California challenges the courthouse enforcement policy under the Administrative Procedure Act, arguing that ICE failed to adequately consider its effects on state courts and exceeded its statutory authority. The state also alleges that the policy interferes with powers reserved to states under the Tenth Amendment.

The Historical Protection Against Civil Arrests

The complaint relies partly on a longstanding common law privilege against certain civil arrests at courthouses. California argues that Congress did not eliminate this protection when authorizing federal civil immigration enforcement. Whether that protection limits the challenged ICE practices is a disputed legal question.

How Courthouse Enforcement Has Changed

According to California's complaint, civil immigration arrests near state courthouses increased substantially after ICE changed its enforcement policy in May 2025. The Attorney General reports that a previous directive was vacated in June 2026, but courthouse enforcement continued. California cites 28 reported incidents resulting in 28 civil arrests during July 2026.

What Happens Next in the Federal Lawsuit?

California seeks declaratory and injunctive relief to prevent the challenged courthouse enforcement practices from continuing. The federal court will need to consider the state's statutory and constitutional claims, along with the federal government's defenses. Filing the lawsuit does not itself prohibit ICE from conducting courthouse arrests or establish that the challenged policy violates federal law.

How SJKP Can Help

SJKP can assist individuals and businesses with immigration-related legal matters, federal litigation, and questions involving administrative agency actions. Individuals concerned about immigration enforcement in connection with court proceedings should seek legal guidance tailored to their circumstances and the applicable jurisdiction.