Section 1 Short title
This Act may be cited as the “Immigration Court Due Process Protection Act of 2025”.
Immigration Court Due Process Protection Act of 2025
A BILL
To restrict the Department of Homeland Security from arresting or detaining individuals in connection with appearances before immigration courts of the Executive Office for Immigration Review, and for other purposes.
Sec. 2 Restrictions on enforcement at immigration courts
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—
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
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.
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.
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.
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—
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
the arrest or detention is reported to the Inspector General within 30 days, and included in the report required under section 3.
Sec. 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—
The number of attempted and completed arrests referred to in section 2.
The basis for each such arrests.
The procedural posture of each individual’s immigration case who was arrested.
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.