The Chief Justice of the California Supreme Court oversees migrant arrests in the courts

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The president of the Supreme Court of California, Patricia Guerrero said she is taking a more proactive stance to preserve access to the justice system as the Trump administration continues to make judicial arrests.

At a press conference last Thursday, Guerrero — the first Latino to preside over the Supreme Court — expressed concern about the “crippling effects” of Application of Federal Immigration Laws in California Courts and said the Judicial Council was closely monitoring the situation.

“The kind of immigration controls we’ve seen instill fear in witnesses and litigants, which creates problems for them to access the courts,” he said.

Immigration enforcement agencies generally did not make arrests in court during the Biden administration, a policy designed to ensure people feel safe participating in the justice system.

That changed when President Trump took office. The Republican administration authorized officers to arrest people in and around the courthouses.

Guerrero’s office has documented immigration enforcement incidents in 17 courts, with Shasta County Superior Court reporting the most activity. Data tracking has been informal so far, he said, but the Judicial Council will consider a proposal for its formalization on April 24 . This would require the courts to regularly provide the Judicial Council with data on civilian arrests in and around the High Courts.

“The proposal will help ensure consistent and coordinated data collection and reporting at the state level to better assess the broader implications for access to justice,” the Chief Justices’ Advisory Committee and the Judicial Executives’ Advisory Committee wrote in their proposal.

Guerrero said the surveillance has been turned over to the attorney general’s office and serves “to be better prepared to take any additional action.”

“The president won’t listen to me if I try to tell him what to do, so what’s the point?” he said. “I’m less interested in making statements, trying to tell people what they’re doing wrong, and instead trying to find a way for our courts to be informed that we’re available.”

That means looking for ways for state courts to exercise their authority, he said. He noted remote hearings, educating the court system about its legal powers and connecting the public with additional resources for help.

This month, Democratic senators from California introduced new measures to strengthen the defense in the courts. Sen. Susan Rubio, D-West Covina, has introduced a bill that would allow remote court appearances for most state court hearings, trials or conferences, both civil and criminal, through January 2029. Sen. Eloise Gomez Reyes, D-San Bernardino, has introduced legislation to prevent federal immigration agents from “surprise and indiscriminate” arrests in court.

Kayla Michalovich is an intern at California Local News.