A New York federal judge has ruled that federal agents can no longer make arrests without exceptional circumstances in and around three Manhattan buildings where immigration proceedings take place. The decision by U.S. District Judge P. Kevin Castel on Monday halts a practice that began under the Trump administration, which allowed agents to detain individuals who were complying with requirements to appear before immigration judges.
Background of the Ruling
These arrests have often led to dramatic scenes in courthouse hallways, with individuals being pulled away from emotional family members. Judge Castel stated in his written decision that while there is a strong governmental interest in enforcing immigration laws, there is also a serious interest in allowing individuals to attend removal proceedings and pursue asylum claims before a judge without fear of arrest.
Exceptions and Limitations
Castel noted that federal agents can still detain individuals at locations away from immigration courts and can make arrests at immigration courthouses when there are serious threats to public safety. He also indicated that 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 the withdrawal of that policy after President Donald Trump took office was arbitrary and capricious.
Government's Reversal
The judge highlighted that government lawyers recently reversed their position, acknowledging that 2025 policies regarding arrests in and around courthouses set by the Trump administration did not apply to immigration courts. Castel, who had declined to ban the practice last year, said the new position by government lawyers made it necessary to correct a clear error and prevent a manifest injustice.
Lawsuit and Reactions
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. Amy Belsher, director of the NYCLU's Immigrants' Rights Litigation, praised the decision as an enormous win for noncitizen New Yorkers seeking to safely attend their immigration court proceedings.
The Department of Homeland Security responded, stating, "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 to comment.
Scope of the Decision
Castel's decision, which does not apply nationwide, pertains 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. Beth Baltimore, deputy director of The Door's Legal Services Center, expressed hope, saying, "In the face of this administration's ongoing targeting of our young members, this decision brings us hope. 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."
