First ICE Arrest Inside Alameda County Courthouse Draws Strong Condemnation

Federal immigration agents arrested a client of the Alameda County Public Defender's Office inside Oakland's Wiley Manuel Courthouse on September 15, a move swiftly condemned by Public Defender Brendon Woods, as reported by the San Francisco Chronicle. This incident marks the first documented arrest by U.S. Immigration and Customs Enforcement (ICE) within an Alameda County courthouse since a federal enforcement surge began, raising significant concerns about due process and legal protections. Woods stated that the action appears to violate California law designed to prevent such civil arrests in state courthouses. The client was reportedly detained by plainclothes agents in a hallway after a routine pretrial hearing and subsequently taken to a detention facility.

According to Woods, the client had just concluded a routine pretrial hearing and was exiting the courtroom when two plainclothes ICE agents intercepted him in the courthouse hallway. He was then escorted out of the building to an unmarked vehicle, which transported him to an ICE detention center. The public defender's office did not disclose details of the client's case or immigration status but noted he does not appear to have criminal convictions.

This arrest appears to directly contravene California's 2019 law, AB 668 (Civil Code 43.54), which prohibits civil arrests, including those by ICE, within state courthouses. The legislation was enacted to ensure individuals could attend court proceedings without fear of immigration enforcement, thereby safeguarding access to justice. Deputy Public Defender Raha Jorjani emphasized, > "No one should be punished for obeying a court’s request for a personal appearance. By appearing before the criminal court, our client was obeying the rules."

Public Defender Brendon Woods forcefully condemned the action, stating, > "ICE raids at our courthouses must stop immediately. People who follow a judge’s orders to attend court should not have to fear federal agents kidnapping them and dragging them away to detention centers. Our democracy cannot function if this continues." Woods has called for local agencies to commit to non-cooperation with ICE, to notify each other of planned enforcement actions, and to post signage requiring all law enforcement, including ICE, to identify themselves upon entering courthouses.

The incident has drawn widespread criticism from local leaders; Supervisor Nikki Fortunat Bas called it "nothing short of a violation of due process, of human dignity, and of our most basic constitutional rights." State Senator Jesse Arreguin also posted on X that ICE arrests at courthouses are "immoral and illegal," creating a chilling effect that undermines community trust. While Department of Homeland Security officials have previously argued that courthouse arrests "conserves valuable law enforcement resources," critics contend this approach jeopardizes judicial integrity and public trust.

Advocates and legal experts warn that such arrests deter individuals from engaging with the justice system, potentially leading them to miss hearings or accept unfavorable pleas to avoid ICE encounters. The Alameda County Public Defender’s Office established an immigration unit in 2014, the first of its kind outside New York, to support communities impacted by federal policies. This latest incident underscores ongoing tensions between federal immigration enforcement and state-level protections for immigrants.