Judicial Conference Concerned About USMS Expansion into Immigration Enforcement as Concerns About Independence Grow
A federal judge is concerned about the Trump Administration allowing members of the U.S. Marshals Service (USMS) to carry out immigration arrests, as part of the administration's crackdown on illegal migrants.
In a letter to judges nationwide, U.S. District Judge Edmond Chang, chair of the U.S. Judicial Conference's Committee on Criminal Law, says the judiciary nationwide needs more clarity on the authority that empowered the USMS to action on migrants, particularly in regards to detaining defendants who are making court appearances or who were granted bail.
Judge Chang says he’s concerned that marshals could arrest suspects who are released in court and that USMS leadership told him the agency would not rule out the possibility of conducting immigrant arrests in courthouses.
That could include arresting legal permanent residents and defendants reporting to pretrial services or a probation officer as a condition of their release or sentence.
"Generally speaking, it is important for the federal judiciary to understand how these new responsibilities might impact the USMS's role in providing pretrial-detainee management and judicial security," wrote Judge Chang.
The judge also noted that while USMS leadership is asking judges to take concerns to local marshals, he believes the authority raises questions that are “nationwide in scope.”
Threats to Judges Rise
Meanwhile, USMS is warning of rising threats to federal judges as billionaire Elon Musk and members of the Trump Administration turn their ire on the federal courts for putting some administration moves on hold.
Musk and some top Trump deputies as well as Congressional Republicans, have argued that certain federal judges should be impeached due to their decisions on some of the president's executive orders and personnel moves.
Ethical Concerns Mount
And Citizens for Responsibility and Ethics in Washington (CREW) notes that USMS is dually responsible to both the executive and judicial branches.
“Given the increasing number of threats faced by individuals in the judiciary, the administration’s willingness to use federal law enforcement to coerce action by other government officials, and indications that Trump’s “retribution campaign” is just beginning, we should be concerned by the executive branch’s control and significant discretion over judicial security,” wrote CREW.
The organization also warned about attempts by the Musk-led Department of Government Efficiency (DOGE) to co-opt USMS for itself, pointing to DOGE threats to engage USMS to gain access to government facilities and DOGE officials exerting influence over USMS officers providing services in a federal courthouse.