HF5149

Purpose

• Establish protections around immigration enforcement by limiting civil arrests near court locations and during court proceedings.
• Create civil remedies for people who are improperly arrested in those contexts (false imprisonment), and provide a pathway for relief and fees.
• Clarify key terms related to court access and who is protected, and set rules for how courts and law enforcement interact at sensitive locations.
• The bill also signals broader changes to immigration-related statutes, including modifications to related offenses and information access (as described in the bill’s overview).

Main provisions and what the bill seeks to accomplish

• Civil arrest protections at court locations
  • A person attending a court proceeding (as a party, witness, potential witness, or court companion) has a protected status from civil arrest while traveling to, being at, and returning from the court proceeding.
  • This protection covers physical locations of the court, including areas accessing remote court proceedings, the courthouse building, and the surrounding sidewalks, parkways, and parking facilities serving the courthouse.
• Scope and exceptions
  • The protection applies even if the court proceeding is held remotely.
  • The protection does not block criminal arrests. If there is probable cause to arrest for a criminal violation, or a criminal arrest warrant is issued, those actions can still proceed.
  • Courts may issue orders to ensure the protected status is respected.
• Definitions to enable enforcement
  • Civil arrest: taking a person into custody for an immigration-related civil violation or serving a removal-related notice (e.g., Form I-862) during a removal process. It does not include arrests for criminal or other legally authorized reasons.
  • Court companion: includes spouses, partners, family members, interpreters, translators, caregivers, or others who assist a party or potential witness at court.
  • Court proceeding: any matter under a court’s jurisdiction, including civil, criminal, and administrative matters.
  • Judicial warrant/authority: a written order from a court permitting a particular arrest.
  • Law enforcement agency: any agency with police powers authorized to make arrests.
• Civil action remedies for violations
  • If someone violates the civil arrest protections (section 480C.02), the involved person can sue for civil damages for false imprisonment.
  • Damages can include actual damages plus statutory damages of up to $10,000 if the arrestee was a party witness, potential witness, or court companion going to, at, or returning from the court proceeding at the time of arrest.
  • Courts may grant other equitable or declaratory relief and may award reasonable costs and attorney fees to the prevailing party.
• Liability protections for court and judicial employees
  • A judicial branch employee acting in good faith is not personally liable in criminal, civil, or administrative proceedings for complying with these protections.
  • The protections do not reduce other rights or defenses available under law.

Significant changes to existing law (as reflected in this section)

• Introduces a formal “privilege from civil arrest” for individuals involved with court proceedings and their escorts, extending to access routes and surrounding areas of courthouses.
• Creates a new civil damages remedy for false imprisonment when civil arrest protections are violated.
• Establishes a liability shield for judicial branch employees acting in good faith when enforcing or implementing these protections.
• Allows courts to issue orders to uphold the privilege from civil arrest and to protect court access.
• Clarifies that criminal arrests based on probable cause or warrants remain possible, preserving existing criminal law enforcement authority alongside new civil protections.

Definitions and key terms (for clarity)

• Civil arrest: an arrest for an alleged civil immigration violation or serving a removal notice (e.g., Form I-862) that initiates removal proceedings.
• Court proceeding: any matter pending in state or administrative courts, including civil, criminal, and administrative cases.
• Court companion: a broad category including family, witnesses, interpreters, and others assisting a party or witness.
• Privilege from civil arrest: the protection from civil arrest for those attending or traveling to/from court proceedings, and while on court premises and surrounding areas.

How this changes day-to-day experience

• People attending court, witnesses, or those accompanying them should expect not to be subject to civil arrest while on the way to, at, or returning from a court proceeding, including access routes and nearby sidewalks and parking areas.
• If someone is civilly arrested in violation of these protections, they can seek damages and other remedies in court.

Relevant terms

• civil arrest
• privilege from civil arrest
• court proceeding
• court companion
• party witness
• potential witness
• true/false imprisonment
• civil damages
• statutory damages
• equitable relief
• declaratory relief
• attorney fees
• costs
• judicial warrant
• court order
• courthouse
• remote court proceedings
• parking facilities serving the courthouse
• sidewalks surrounding the courthouse
• removal proceeding
• Form I-862

Relevant Terms - civil arrest - privilege from civil arrest - court proceeding - court companion - party witness - potential witness - false imprisonment - civil damages - statutory damages - equitable relief - judicial warrant - court order - courthouse - remote proceedings - parking facilities - sidewalks