The head of a U.S. judiciary panel is expressing concerns over a recent shift in the U.S. Marshals Service’s role, which now includes the authority to conduct immigration arrests. This move, sanctioned by the Trump administration, empowers the Marshals to arrest and detain individuals for immigration violations, including defendants who have been granted bail or are appearing in court.
In a memo sent to federal judges nationwide on Wednesday, U.S. District Judge Edmond Chang, chair of the U.S. Judicial Conference’s Committee on Criminal Law, raised questions about the impact this policy change could have on the federal judiciary and pretrial detainee management. Judge Chang emphasized the need for further clarity on how these new responsibilities could affect the Marshals’ dual role in managing judicial security and overseeing pretrial detainees.
“Understanding the broader implications of these new responsibilities is essential for the federal judiciary,” Judge Chang stated in his memo. “The marshals’ expanded duties may alter the landscape of how pretrial detainees are managed, especially when it comes to defendants released on bail or appearing for court proceedings.”
The U.S. Marshals Service did not respond to a request for comment. However, the new authority, granted on January 22 by the Department of Homeland Security, allows the Marshals Service to act as immigration officers. This move is part of the Trump administration’s broader effort to accelerate deportations.
Acting U.S. Marshals Service Director Mark Pittella clarified in his memo that the agency now has the authority to detain, hold, and arrest migrants who are incarcerated or have been recently released from custody. While the Marshals’ role traditionally focuses on courthouse security and pretrial detainee management, the new policy opens the door for potential immigration arrests within courthouses.
Judge Chang pointed out that this could affect legal permanent residents, such as those who have been granted bail but are still vulnerable to immigration enforcement. Over the past two years, more than 1,300 legal permanent residents have been granted bail. He further expressed concern over the possibility of detaining these individuals, even after their release by the court, when they return for required court hearings or other appearances.
The judiciary has yet to receive clear answers on whether the Marshals Service will now use its pretrial detention facilities to house individuals who are out on bail or migrants not charged with a criminal offense but still facing deportation. The potential overlap between the Marshals’ expanded immigration enforcement duties and its existing responsibilities has prompted calls for more transparency.
Judge Chang, who was appointed by former President Barack Obama, noted that while the Marshals Service had engaged with the judiciary to discuss the policy change, the extent of its impact on judicial procedures remains unclear. He has proposed further discussions with the agency’s leadership to better understand the new immigration enforcement responsibilities.
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