Immigration Court Due Process Protection Act of 2025
Officially: “Immigration Court Due Process Protection Act of 2025” Read the full text
What it does
Read it in plain language
1Short title
This section would let the Act be called the Immigration Court Due Process Protection Act of 2025.
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1. Short title This Act may be cited as the Immigration Court Due Process Protection Act of 2025 .
2Restrictions on enforcement at immigration courts
This section would bar Department of Homeland Security officers and agents from arresting or detaining a person while that person is physically at an Executive Office for Immigration Review immigration court facility to attend or take part in a hearing, and from arresting or detaining that person immediately upon arrival at or departure from the facility for that hearing, unless the officer or agent has a judicial warrant. These restrictions would apply to any individual whose case before an immigration judge or the Board of Immigration Appeals has not ended in a final removal order, and would keep applying while the individual has a pending appeal or a pending motion to reopen, reconsider, or otherwise challenge a final removal order. The restrictions would not stop an officer or agent from acting when necessary to prevent an imminent act of violence or a specific, articulable threat to life, public safety, or national security. Separately, an officer or agent could not arrest or detain a person while that person appears for a scheduled appointment or check-in with any component of the Department of Homeland Security, or upon arrival at or departure from that appointment or check-in, unless a supervisory official at or above the senior field management level gives written authorization stating the legal basis for the arrest, and the arrest or detention is reported to the Inspector General within 30 days and included in the report required under section 3.
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2. Restrictions on enforcement at immigration courts (a) In general Notwithstanding any other provision of law except as otherwise provided explicitly in this section, officers or agents of the Department of Homeland Security may not— (1) arrest or detain any individual while that individual is physically present at an Executive Office for Immigration Review immigration court facility for the purpose of attending or participating in a hearing, except pursuant to a judicial warrant; or (2) arrest or detain any individual immediately upon their arrival or departure from an Executive Office for Immigration Review immigration court facility if they are arriving or departing the facility for the purpose of attending or participating in a hearing, except pursuant to a judicial warrant. (b) Pending Proceedings The restrictions on enforcement described under this section shall apply to any individual whose proceedings before an immigration judge or the Board of Immigration Appeals have not resulted in a final order of removal, and shall apply to any individual during the pendency of any appeals or motions to reopen, reconsider, or otherwise challenge a final order of removal. (c) Exception Nothing in this section may be construed to prohibit an officer or agent from taking action when necessary to prevent an imminent act of violence or specific, articulable threat to life, public safety, or national security. (d) Arrests at Scheduled Check-Ins An officer or agent of the Department of Homeland Security may not arrest or detain any individual while the individual appears for a scheduled appointment or check-in with any component of the Department of Homeland Security, or upon their arrival or departure for such appointment or check-in, unless— (1) written authorization for arrest or detention is approved by a supervisory official of the Department, at a level not lower than the senior field management level, specifying the legal basis for arrest; and (2) the arrest or detention is reported to the Inspector General within 30 days, and included in the report required under section 3.
3Oversight
This section would require the Inspector General of the Department of Homeland Security to submit a report to Congress evaluating the Department's compliance with the Act, starting one year after the Act's effective date and every year after that. Each report would have to include the number of attempted and completed arrests referred to in section 2, the basis given for each of those arrests, the procedural posture of the immigration case of each individual who was arrested, and the steps the Secretary of Homeland Security took to ensure compliance, including any guidance or training provided to Department employees.
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3. Oversight On the date that is 1 year after the effective date of this Act, and annually thereafter, the Inspector General of the Department of Homeland Security shall submit to Congress a report evaluating compliance with this Act by officers and agents of the Department of Homeland Security, including— (1) The number of attempted and completed arrests referred to in section 2. (2) The basis for each such arrests. (3) The procedural posture of each individual’s immigration case who was arrested. (4) Steps taken by the Secretary of Homeland Security to ensure compliance, including information provided as guidance or training to employees of the Department of Homeland Security.
Where it is
In the House.