As a criminal defense attorney, I walk out of court every day thinking about justice. Today was different. I had just finished a hearing and was leaving the courthouse when ICE arrested my colleague’s client. Not because he was convicted of a crime. Not because a jury found him guilty. But simply because he was not a U.S. citizen and had an open criminal case.

Moments like this raise serious concerns about how ICE involvement can negatively affect criminal defense cases, the court system, and the idea of justice itself.

ICE Arrests in Courthouses Undermine the Presumption of Innocence

In the United States, the law is clear. You are innocent until proven guilty.

In criminal cases, people come to court because they are required to. They show up to hearings. They follow court orders. They trust the system. When immigration officers arrest people at court, that trust is broken.

These are not convicted felons being taken from prison. These are defendants. Anyone can be accused of a crime. Charges alone do not mean guilt. Yet ICE arrests at courthouses treat accusations like convictions.

As a criminal defense attorney, this directly interferes with the fairness of the process. When showing up to court becomes dangerous, justice suffers.

Fear of ICE Keeps People From Participating in the Court Process

Criminal cases rely on people showing up.

Defendants must appear in court. Witnesses must testify. Families must support loved ones. When ICE is present at or near courthouses, fear spreads quickly.

Many non-citizens now hesitate to attend hearings. Some are afraid to testify. Others are scared to even report crimes. This fear does not just affect defendants. It affects the entire justice system.

Courts cannot function properly when people are too afraid to participate. Justice requires presence. ICE activity at courts discourages exactly that.

ICE Involvement Can Disrupt Criminal Defense Strategy

Criminal defense cases take time. Attorneys investigate evidence. We negotiate with prosecutors. We prepare motions and defenses. When ICE intervenes mid-case, everything changes.

A client may suddenly be detained or transferred. Communication becomes difficult. Access to the client is limited. Court dates may be missed through no fault of the defendant.

This creates unfair pressure on defendants to rush decisions or accept outcomes they otherwise wouldn’t. It also limits an attorney’s ability to provide effective representation.

In short, ICE involvement can derail a criminal defense case before it has a fair chance to be heard.

The Impact on Justice Goes Beyond Individual Cases

Criminal courts are meant to be places of justice, not fear. When ICE arrests people at courthouses, it sends a message that showing up is risky. That message spreads quickly through communities. As a result, fewer people trust the system. That lack of trust harms everyone. Crimes go unreported. Testimony disappears. Cases weaken. The truth becomes harder to reach.

Justice depends on participation. When ICE’s actions discourage that participation, the integrity of the courts is compromised.

Why Criminal Defense Attorneys Are Speaking Out

As a criminal defense attorney, my job is to protect my clients’ rights. That includes the right to due process. It includes the right to a fair hearing. And it includes the right to appear in court without fear of immediate detention unrelated to the case at hand.

ICE arrests at court blur the line between criminal law and immigration enforcement. That overlap creates confusion, fear, and injustice. Criminal courts should focus on resolving criminal cases fairly. When outside enforcement interferes, it undermines the very purpose of the justice system.

What I witnessed today is not an isolated incident. It is part of a growing problem affecting criminal defense, the courts, and justice as a whole.

No one should be punished simply for showing up to court. And no one should lose their chance at a fair defense because they followed the rules.

If you or someone you love is facing criminal charges and has immigration concerns, it is critical to speak with a criminal defense attorney who understands how ICE involvement can affect your case. Justice only works when the system is fair — and when people feel safe enough to participate in it.