HR 6521
Immigration Court Due Process Protection Act of 2025
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Bill overview
This bill aims to protect individuals appearing in immigration court by preventing the Department of Homeland Security from arresting or detaining them while at the court or immediately around court facilities. It restricts enforcement actions related to scheduled court appearances and pending immigration proceedings. The bill also establishes oversight procedures to ensure compliance with these restrictions and provides for reporting on enforcement activities.
Key provisions
- Prohibits arrests or detentions while individuals are at or near immigration court facilities for hearings.
- Applies restrictions to individuals with pending immigration proceedings, including appeals and motions.
- Requires written authorization from a supervisory official for any arrests or detentions.
- Mandates reporting of all arrests to the Department of Homeland Security’s Inspector General.
- Requires an annual report to Congress evaluating compliance with the bill.
Who is affected
- Individuals appearing in immigration court
- Department of Homeland Security officers and agents
- Immigration judges and the Board of Immigration Appeals
- Legal representatives of individuals in immigration proceedings
Notable changes
- Limits DHS enforcement actions during court appearances and immediately surrounding times.
- Introduces a reporting requirement for all arrests by DHS officials.
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 6521
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Immigration Court Due Process Protection Act of 2025
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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
the arrest or detention is reported to the Inspector General within 30 days, and included in the report required under section 3.
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 basis for each such arrests.
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.