The practice of picking up undocumented immigrants at courthouses has attorneys and advocates concerned.

“It’s very concerning because it’s going to make people afraid to show up to the courthouse,” said Blanca Ojeda, an advocate with Faith in the Valley.

ICE officials say they detain and arrest individuals at courthouses in part because the State of California “has made it difficult for ICE to streamline apprehending criminal aliens released from local custody and ICE must instead use other methods to apprehend individuals when we know their expected locations,” spokesperson Richard Rocha said.

Additionally, Rocha said, courthouse security screening ensures those taken into ICE custody won’t have any weapons.

But the prospect of ICE detaining and arresting a defendant who is presumed innocent until proven guilty also concerned Public Defender David Elgin, who said the arrest would throw a presumption of innocence out the window.

Rob Carroll, Merced County chief deputy district attorney, said an ICE arrest of someone out-of-custody, and likely non-violent, could have the “chilling effect” of encouraging defendants to avoid the courthouse.

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