Bill shields immigrants from arrest at court hearings, restoring due process

What it does

This bill prohibits DHS from arresting or detaining immigrants at immigration court facilities or immediately upon arrival/departure, except under judicial warrant or to prevent imminent violence. It extends this protection to people with pending cases or appeals, requires supervisory approval and Inspector General reporting for arrests at scheduled DHS check-ins, and mandates annual congressional reports on compliance.

Why we flagged it

The bill's operative mechanism is a procedural restraint on executive enforcement authority at a specific venue (immigration courts) to protect access to judicial process. It is not a substantive immigration policy change; it is a check on how enforcement is conducted.

What the text implies

• The bill does not prevent removal or change substantive immigration law; it only restricts the timing and venue of arrests. DHS can still arrest individuals outside court facilities or after final removal orders are issued.
• The exception for 'imminent act of violence or specific, articulable threat' is broad enough to permit arrests in many circumstances; the standard is not defined by statute and may be subject to agency interpretation.
• Supervisory approval requirement for check-in arrests (section 2(d)) creates a two-tier system: court arrests require judicial warrant, but check-in arrests require only internal DHS approval, potentially creating a loophole.
• Annual Inspector General reports are required but no enforcement mechanism or penalty is specified for non-compliance; the bill relies on transparency and congressional oversight rather than statutory sanctions.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

Immigrants gain a concrete procedural protection: they can attend court hearings without fear of arrest, which is essential to due process and the right to be heard. The bill does not shield anyone from removal; it only prevents arrest as a tactic to prevent court appearance, which is a recognized due-process harm.

Named in the bill

Department of Homeland Security, Executive Office for Immigration Review, Board of Immigration Appeals, Inspector General of DHS, Congress

Where it stands

38 cosponsors: 38 Democrats.

• Dec 9, 2025 — Introduced · Congress.gov: “Introduced in House”
• Dec 9, 2025 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.