Immigration Court Due Process Protection Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6521 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6521

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 9, 2025

Mr. Goldman of New York (for himself, Mr. Espaillat, Ms. Velazquez, Mr. 
 Garcia of California, Ms. Ocasio-Cortez, Mr. Mannion, Mr. Peters, Mr. 
Lieu, Ms. Clarke of New York, Ms. Meng, Mr. Carbajal, Mr. Torres of New 
York, Ms. Barragan, Ms. Norton, Ms. Craig, Mr. Garcia of Illinois, Mr. 
  Krishnamoorthi, Ms. Pingree, Mr. Johnson of Georgia, and Mr. Tonko) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Court Due Process 
Protection Act of 2025''.

SEC. 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.

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--
            (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.
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