Federal judge bans most arrests by federal agents in immigration courts in New York
The decision brings an abrupt halt to a practice begun under the Trump administration that enabled agents to take into custody individuals who follow requirements to appear before immigration judges.
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Federal agents can no longer make arrests without exceptional circumstances in and around three Manhattan buildings where immigration proceedings occur, a judge ruled.
The decision by U.S. District Judge P. Kevin Castel on Monday brings an abrupt halt to a practice begun under the Trump administration that enabled agents to take into custody individuals who follow requirements to appear before immigration judges.
The arrests have resulted in dramatic scenes in courthouse hallways as those being detained were sometimes pulled away from emotional family members.
Castel said in a written decision that while there was “a strong governmental interest in enforcing immigration laws,” there also was a serious interest in letting individuals attend removal proceedings and pursue asylum claims before a judge “without fear of arrest.”
He noted that federal agents still can detain individuals at locations away from immigration courts and also can make arrests at immigration courthouses when there are serious threats to public safety.
He said the boundaries set out in federal policy five years ago can remain in effect, but a court case before him was likely to result in a finding that a withdrawal of that policy after President Donald Trump took office was “arbitrary and capricious.”
Castel also noted that government lawyers recently reversed their position, saying they’ve learned that 2025 policies regarding arrests in and around courthouses set by the Trump administration did not apply to immigration courts after all.
The judge, who last year had declined to ban the practice, said the new position by government lawyers meant it was necessary to “correct a clear error and prevent a manifest injustice.”
The ruling came in a lawsuit brought by the New York Civil Liberties Union, the American Civil Liberties Union, Make the Road NY and others.
It was praised by Amy Belsher, director of the NYCLU’s Immigrants’ Rights Litigation.
She called it “an enormous win for noncitizen New Yorkers seeking to safely attend their immigration court proceedings.”
The Department of Homeland Security said in a statement: “It is common sense to take illegal aliens into custody following the completion of their removal proceedings. Nothing prohibits arresting a lawbreaker where you find them. We are confident we will ultimately be vindicated in this case.”
A spokesperson for Justice Department lawyers declined comment.
Castel’s decision, which did not apply nationwide, pertained to immigration courts at 26 Federal Plaza, 201 Varick Street and 290 Broadway in Manhattan. New York’s FBI headquarters is also located at 26 Federal Plaza, a large building across from two federal courthouses near City Hall.
The organizations first brought the lawsuit last August on behalf of immigrant advocacy groups African Communities Together and The Door.
“In the face of this administration’s ongoing targeting of our young members, this decision brings us hope,” said Beth Baltimore, deputy director of The Door’s Legal Services Center.
“Our staff continues to work tirelessly to support Door members who were terrified to go to their required court appearances. We stand with our members to fight for those impacted by courthouse arrests, including those who remain detained, and other cruel policies,” Baltimore said in a release.
