This bill, titled the Immigration Court Due Process Protection Act of 2025, primarily restricts the Department of Homeland Security (DHS) from arresting or detaining individuals physically present at Executive Office for Immigration Review (EOIR) immigration court facilities. This prohibition extends to individuals arriving at or departing from these facilities for hearings, unless such action is taken pursuant to a judicial warrant . These restrictions apply to individuals whose immigration proceedings have not resulted in a final order of removal, including during appeals or motions to reopen or reconsider. An exception allows DHS officers to take action when necessary to prevent an imminent act of violence or a specific, articulable threat to life, public safety, or national security. Furthermore, the bill prohibits arrests or detentions of individuals attending scheduled appointments or check-ins with any DHS component, or upon their arrival or departure for such appointments, unless there is written authorization from a senior field management level supervisory official specifying the legal basis for the arrest, and the arrest is reported to the Inspector General. To ensure compliance, the bill mandates that the Inspector General of the Department of Homeland Security submit an annual report to Congress. This report must evaluate adherence to the Act, detailing the number and basis of attempted and completed arrests, the procedural posture of each arrested individual's immigration case, and steps taken by the Secretary of Homeland Security to ensure compliance, including guidance and training provided to employees.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Immigration
Immigration Court Due Process Protection Act of 2025
USA119th CongressHR-6521| House
| Updated: 12/9/2025
This bill, titled the Immigration Court Due Process Protection Act of 2025, primarily restricts the Department of Homeland Security (DHS) from arresting or detaining individuals physically present at Executive Office for Immigration Review (EOIR) immigration court facilities. This prohibition extends to individuals arriving at or departing from these facilities for hearings, unless such action is taken pursuant to a judicial warrant . These restrictions apply to individuals whose immigration proceedings have not resulted in a final order of removal, including during appeals or motions to reopen or reconsider. An exception allows DHS officers to take action when necessary to prevent an imminent act of violence or a specific, articulable threat to life, public safety, or national security. Furthermore, the bill prohibits arrests or detentions of individuals attending scheduled appointments or check-ins with any DHS component, or upon their arrival or departure for such appointments, unless there is written authorization from a senior field management level supervisory official specifying the legal basis for the arrest, and the arrest is reported to the Inspector General. To ensure compliance, the bill mandates that the Inspector General of the Department of Homeland Security submit an annual report to Congress. This report must evaluate adherence to the Act, detailing the number and basis of attempted and completed arrests, the procedural posture of each arrested individual's immigration case, and steps taken by the Secretary of Homeland Security to ensure compliance, including guidance and training provided to employees.