Attorneys say ICE arrests at Maine courthouses are harming the judicial system

ICE Officers Arrest Immigrants Outside Maine Courthouses, Raising Concerns Over Due Process

Portland, Maine – U.S. Immigration and Customs Enforcement (ICE) agents arrested two individuals outside the Cumberland County courthouse on Aug. 12 and a separate man outside the Lewiston district courthouse on Aug. 13. The arrests, made on property adjacent to the courts, have sparked criticism from local attorneys, advocacy groups, and state officials.

How the Arrests Came About

ICE officials routinely monitor public court calendars, which list defendants’ names, charges, and attorney contacts. According to a document from a Portland Press Herald‑obtained ICE deportation officer, agents confirmed that a woman scheduled to appear for a Class C theft charge on Aug. 11 would be present at the Cumberland County courthouse. That same week, agents apprehended a man who had been parked outside the Lewiston courthouse, even though a review of Androscoggin County court records found no pending criminal case in his name.

The two individuals arrested outside Cumberland County were described by ICE as having entered the United States legally but overstayed their authorized periods of stay. In Lewiston, ICE alleged that the man entered the country illegally in the fall of 2024.

Legal Responses

An immigration judge granted the Lewiston defendant bond on Aug. 25 after his attorney noted the man had applied for asylum, no criminal history, and posed no community risk. The judge agreed with the attorney’s assessment that the defendant should be released.

ICE issued a statement on Aug. 12 explaining that arrests in courthouse vicinities are “common sense” because the area is screened for weapons and security. The statement emphasized that officers “conserve valuable law‑enforcement resources because they already know where a target will be” and that the practice is “safer for our officers and the community.” The spokesperson’s email address did not include a staff name.

State and Advocacy Reactions

Barbara Cardone, a spokesperson for Maine’s courts, said the state has no specific policy to limit ICE activity near courthouses. She noted that ICE officers are treated the same as other law‑enforcement officers—having access to public records and public spaces, but not to secure areas like jail transport routes. Cardone clarified that “any law‑enforcement officer with jurisdiction can apprehend someone in a courthouse,” and that to date, ICE has only arrested individuals off courthouse property.

Advocates argue that the presence of ICE near courts undermines due process and discourages witnesses and victims—particularly immigrants—from participating in criminal proceedings. “ICE arrests at courthouses are yet another way the administration shows complete disregard for the rule of law and access to due process,” said Lisa Parisio, policy director of the Immigrant Legal Advocacy Project. Parisio called for Congress to defund and dismantle ICE. She urged attorneys to request Zoom hearings, for judges to approve them, and for immigrants to pay fines online to avoid arrest risk.

Local attorneys have highlighted the broader impact on criminal prosecutions. Assistant District Attorney Carlos Diaz said prosecutors are pressured to advise immigrant defendants against plea deals because the potential collateral consequences of a conviction—such as deportation or loss of asylum—are unpredictable. “There’s this expectation from the defense that…non‑citizens have some sort of prosecutorial immunity, which is offensive,” Diaz said. “But I don’t want someone sent back to a place where they’ll be tortured or murdered because they shoplifted something from Walmart.”

District Attorney Jacqueline Sartoris recounted a case in which a victim of strangulation—a migrant woman—cut off contact after the defendant was charged. Sartoris said the lack of cooperation left the case unresolved, a situation she described as “a danger that continues.”

Francine Garland Stark, director of the Maine Coalition to End Domestic Violence, noted that many domestic‑violence victims fear that involving law enforcement could expose them to ICE. Stark said such victims often face language barriers, financial dependence, social isolation, and concerns about their immigration status, making them especially vulnerable.

National Context

ICE’s presence outside Maine courthouses is part of a nationwide trend. The Trump administration’s 2025 rescission of a list of “protected areas”—including courts—has led to arrests near court buildings across the country. A federal judge in California, in a June ruling, declared ICE’s arrests in immigration courts unlawful. In Ohio, the Department of Justice sued Franklin County officials after they blocked federal officials from making arrests in or near courthouses.

Maine’s situation is still developing. The state has yet to enact specific limits on ICE activity near its courthouses. Advocates, however, continue to push for policies that would safeguard individuals’ access to the courts and protect the integrity of criminal prosecutions.

The two recent arrests outside Maine courthouses underscore a growing tension between federal immigration enforcement and the principle of fair access to the judicial system. Whether state or federal authorities will take steps to curb ICE’s courthouse proximity remains to be seen.