Judicial district says decisions on ICE presence at Philly courthouse are the sheriff’s ‘sole responsibility’

The judicial district that oversees the Philadelphia court system says that the authority for managing ICE’s controversial presence at the Criminal Justice Center rests on Sheriff Rochelle Bilal and that decisions around that are her “sole responsibility.”

That follows a Wednesday morning news conference where the sheriff joined local elected and community leaders who suggested that court officials or legislators needed to address the ongoing turmoil around courthouse immigration arrests. They called for meetings with court leaders to discuss how to set guardrails on ICE activity.

The First Judicial District responded with a statement late Wednesday:

“The First Judicial District is always willing to discuss matters of mutual concern with our justice partners, but managing security in court buildings ― which includes managing ICE’s presence ― is the sole responsibility of the sheriff. These decisions are the sheriff’s to make.”

The Philadelphia Sheriff’s Office responded Thursday that it was “ready to execute all lawful judicial orders.”

“To be clear,” its statement said, “security inside court facilities is the responsibility of the Sheriff’s Office. … Areas outside of court facilities are public spaces, where individuals retain their First Amendment rights, including the right to assemble and protest. Those areas are not under the operational control of the Sheriff’s Office."

The sheriff’s office added that it is committed to maintaining order and safety while upholding the rights of all who enter, and that it remains open to dialogue to ensure “clarity, coordination, and public safety.”

The sheriff has said her office does not cooperate with ICE, does not assist in ICE operations, and does not share information with the agency. She has not directly addressed whether she believes she has authority to bar ICE agents from the property.

Her supporters have defended the sheriff by insisting that she does not have that power, that she could only carry out orders issued by a judge or legislature.

Meanwhile, the presence of ICE in and around the Criminal Justice Center has provoked demonstrations and controversy, with activists charging that the sheriff has allowed ICE to turn the property into a “hunting ground” for immigrants.

U.S. Immigration and Customs Enforcement officials did not reply to a request for comment on Thursday.

The group No ICE Philly has castigated the sheriff, saying that by not barring ICE — as judges and lawmakers in some other jurisdictions have done — she has helped enable the arrest of 114 immigrants who were trailed from the courthouse and arrested on the sidewalk.

That group and others say ICE agents have been allowed to essentially hang out at the Center City courthouse, waiting in the lobby or scouring the hallways, then making arrests outside.

Many people who go to the courthouse are not criminal defendants ― they are witnesses, victims, family members, and others in diversionary programs. But they have been targeted and arrested by ICE, immigration attorneys and government officials say, causing witnesses and victims to stay away from court and damaging the administration of justice in Philadelphia.

Aniqa Raihan, a No ICE Philly organizer who has helped lead courthouse protests, said she was not encouraged by the First Judicial District’s statement.

“We already know that Sheriff Bilal is not doing all she can to protect people at the courthouse,” she said Thursday. “However, the First Judicial District is not powerless. The court can make its own policy, like the court in Chicago did, barring civil arrests on and around the courthouse. … What we’re seeing is a lot of blame-shifting and finger-pointing from our leaders at a time when we desperately need teamwork.”

The issue around ICE access is complicated by the fact that courthouses are public buildings, generally open to everyone. And sidewalks outside the buildings are generally considered public property.

Last week the sheriff garnered national headlines ― and condemnation ― for calling ICE “fake, wannabe law enforcement” and for sending a blunt warning to agency officers.

“If any [ICE agents] want to come in this city and commit a crime, you will not be able to hide,” Bilal said in viral remarks. “You don’t want this smoke, ’cause we will bring it to you. … The criminal in the White House would not be able to keep you from going to jail.”

On Wednesday, at the news conference at the Salt and Light Church in Southwest Philadelphia, Bilal said her office follows the law and would obey judicial orders and legislative statutes around courthouse security.

District Attorney Larry Krasner ― whose office led the event, and who reiterated his pledge to prosecute ICE agents who commit crimes ― said victims and witnesses are not showing up for cases due to fear of ICE.

About half a dozen elected officials and community leaders gathered, with some calling for ICE to get out of Philadelphia.

They asked for the court system to establish rules and protections for immigrants seeking to attend proceedings at the Criminal Justice Center, and for state court administrators to meet with the district attorney, the sheriff, the chief public defender, City Council members, and others.

Krasner said Thursday that his office and the other parties “look forward to meeting with the leadership of the courts to discuss lawfully regulating ICE activity in and around the Criminal Justice Center. We will be corresponding with the courts to schedule monthly meetings immediately.”

At the same time, “we will continue to do all we can to prioritize safety and justice for victims, witnesses, and families who are navigating the criminal justice system,” he said. “Unlawful and unnecessary ICE activity in and around the CJC is deeply traumatizing to those who are already navigating pain and unfortunate circumstances.”