SouthernWorldwide.com – A federal judge in New York has significantly limited the U.S. Immigration and Customs Enforcement’s (ICE) ability to conduct civil immigration arrests within several Manhattan immigration courthouses. This decision comes after government lawyers admitted to making a “material mistaken statement of fact” when defending the policy in court.
U.S. District Judge P. Kevin Castel ruled that ICE officers must temporarily adhere to more restrictive, Biden-era guidelines concerning arrests at courthouses. This temporary measure will remain in place while a more comprehensive lawsuit against the policy proceeds.
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This ruling represents a substantial shift from Judge Castel’s earlier decision in 2025, where he had declined to halt the policy. However, in March of the same year, lawyers from the Justice Department informed the court that they needed to correct previous assertions. Specifically, they acknowledged that a May 2025 ICE enforcement memo regarding courthouse arrests did not, in fact, apply to immigration courts, contrary to what had been stated.
The government later conceded that the guidance “does not and has never applied” to immigration courts. Judge Castel stated that this significant correction justified revisiting his earlier ruling. He aimed “to correct a clear error and prevent a manifest injustice.”
Immigrant advocacy groups, who are behind the lawsuit, had argued that the enforcement policies implemented by the Trump administration effectively transformed mandatory immigration hearings into opportunities for arrests. They alleged that migrants were being detained by ICE agents immediately following their court proceedings.
In his written opinion, Judge Castel indicated that the plaintiffs were likely to succeed in their argument that the administration acted arbitrarily and capriciously. This was particularly in relation to rescinding a 2021 ICE policy that restricted courthouse arrests. The judge found that the administration had not adequately explained how the new policy applied to immigration courts.
It is important to note that the judge’s ruling does not impose a complete ban on all courthouse arrests. ICE will still be permitted to conduct enforcement actions in specific circumstances. These include situations involving national security threats, imminent violence, hot pursuit of individuals, or when there is a risk to criminal evidence.
“Today’s ruling is an enormous win for noncitizen New Yorkers seeking to safely attend their immigration court proceedings,” stated Amy Belsher, director of immigrants’ rights litigation at the NYCLU. This sentiment highlights the positive impact of the decision on individuals navigating the complex immigration court system.
