Assembly passes Sen. Kallman, Rep. Batista bill to keep ICE out of RI courthouses
STATE HOUSE — The General Assembly voted to approve legislation from Sen. Meghan E. Kallman and Rep. José F. Batista to protect those attending court proceedings in Rhode Island from arrest by ICE or other federal immigration authorities.
“When ICE targets Rhode Islanders in our courthouses, it has a chilling effect on our justice system. Our courts only remain free and fair when every defendant, plaintiff and witness — regardless of their immigration status — can access them without fear of detention and deportation,” said Senator Kallman (D-Dist. 15, Pawtucket, Providence). “Under this administration, ICE’s persistent targeting of individuals who are fulfilling their legal rights and responsibilities at our courthouses has deprived those with uncertain immigration status of the justice they deserve and hurts public safety by depriving our courts of essential community participation, including witnesses. This act will limit federal overreach and ensure that all Rhode Islanders can exercise the right to their day in court.”
“Our courts are cornerstones of our democracy. Every day, thousands of Rhode Islanders enter our courthouses seeking justice in matters stretching from adoptions to zoning. The integrity, fairness, and accessibility of our courts, therefore, must be protected at all costs. I am grateful to my colleagues for their support in passing the Protect Our Courts Act, which ensures that individuals can access our courts without fear of warrantless immigration enforcement actions. Justice depends on people being willing and able to participate in the legal process, and this legislation helps safeguard that fundamental principle,” said Representative Batista (D-Dist. 12, Providence).
The Protect Our Courts Act (2026-S 2045Aaa, 2026-H 7360Aaa) would prevent any federal immigration authority from conducting a civil arrest of any person in Rhode Island without a judicial warrant or order while that individual is traveling to, attending or directly leaving a judicial proceeding. Violators would be in contempt of court and victims of these arrests would be entitled to sue for relief. The Attorney General’s office could also sue violators of the statute. The bill is especially urgent, given the increased presence of ICE at Rhode Island courthouses in the past eighteen months.
The act would also require that any law enforcement official who enters a courthouse with the intent to observe or detain an individual first identify themselves to court security, explain their purpose and produce any relevant warrants or judicial orders. Except under extraordinary circumstances, no arrest would be allowed within the courthouse without the permission of the court.
In April 2021, the Biden administration set federal guidelines preventing ICE from making arrests at courthouses. Since President Trump rescinded those guidelines, numerous arrests have occurred at Rhode Island courthouses, including on Jan. 15 when ICE agents breached court security in pursuit of two individuals, according to eyewitnesses. In a widely-publicized event, they also detained a teenage judicial intern outside the Licht Judicial Complex last November, while attempting to locate a man in his thirties.
The bill now goes to the governor for his consideration.