A federal judge in New York has barred US Immigration and Customs Enforcement (ICE) agents from arresting immigrants at three federal courthouses in lower Manhattan, except in rare cases involving serious public safety threats. The ruling, issued on Monday by District Judge P. Kevin Castel, applies to immigration courts at 26 Federal Plaza, 201 Varick Street, and 290 Broadway.
The decision came in response to a lawsuit filed by the New York Civil Liberties Union, the American Civil Liberties Union, Make the Road NY, and other groups. Amy Belsher of the ACLU called it “an enormous win for noncitizen New Yorkers seeking to safely attend their immigration court proceedings”.
In his 15-page order, Castel acknowledged the government’s interest in enforcing immigration laws but emphasised the importance of allowing individuals to attend removal proceedings and pursue asylum claims “without fear of arrest”. He noted that ICE agents can still detain individuals away from courthouses and make arrests inside when there is a serious threat to public safety.
The judge also stated that federal policy from April 2021 regarding enforcement actions inside courthouses can remain in effect. He indicated that the Trump administration’s withdrawal of that policy was likely “arbitrary and capricious”. Castel had initially cleared the way for arrests in September, but reversed course after government attorneys admitted to a “material mistaken statement of fact” and withdrew portions of their briefs.
The ruling follows highly publicised tensions between protesters and federal immigration authorities in cities like Los Angeles and Minneapolis, where the fatal shootings of two US citizens by ICE agents sparked widespread protests. Polling showed most Americans believed immigration agents had gone too far with their tactics.
