California Chief Justice Patricia Guerrero has voiced strong opposition to recent immigration enforcement operations carried out by federal agents at courthouses across the state, expressing concern that these actions may deter individuals from accessing the judicial system.
“I am deeply concerned about reports of multiple federal immigration enforcement actions at California courthouses and their potential chilling effect — as I would be regarding any barrier to access to the courts,” Guerrero stated in an official announcement issued by the Judicial Council of California.
Her comments come in the wake of increasing reports of U.S. Immigration and Customs Enforcement (ICE) agents presence at courthouses in various counties. This situation has led to heightened tensions between California’s judiciary and federal immigration agencies, particularly following changes in federal policies that have rescinded previous guidelines discouraging enforcement in sensitive areas, such as courthouses.
Guerrero pointed out that the enforcement actions by federal agents significantly disrupt the judiciary’s function. “California’s courts are, and must continue to be, open and accessible to all,” she noted. “Making courthouses a focus of immigration enforcement hinders, rather than helps, the administration of justice by deterring witnesses and victims from coming forward and discouraging individuals from asserting their rights.”
In her March State of the Judiciary address to the California Legislature, Guerrero highlighted the considerable stress and anxiety that recent shifts in federal immigration policies have caused in relation to state courts. She emphasized that while the federal government has the right to enforce its laws, it cannot compel states to act in ways that violate the 10th Amendment.
The Chief Justice’s recent statement underscores the Judicial Council’s commitment to monitoring the situation at courthouses, as they gather information on recent events and work to ensure courts can fulfill their critical role in the community.
Guerrero had previously expressed concern over immigration arrests occurring in courthouses during media interactions. Two months prior to her March address, she mentioned that actions would be taken to protect public access to the courts if interruptions were made by immigration agents. “I am responsible for the administration of the courts and ensuring that the public has the ability — whether you’re a witness, a victim, or one of the parties — to be able to freely go into court,” she stated.
The current Chief Justice’s approach is more measured compared to her predecessor, Chief Justice Tani Cantil-Sakauye, who, in 2017, publicly condemned ICE practices targeting undocumented immigrants in courthouses. Cantil-Sakauye argued that the judiciary should not be used as a tool for immigration enforcement, claiming such tactics compromise the fairness and equitable access to justice that courts are meant to provide.
Guerrero’s latest remarks illustrate an increasing urgency within California’s judiciary to resist federal enforcement measures that threaten to undermine public trust in the legal system and hinder access to justice for all citizens.
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