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A federal judge ruled on Friday ICE agents can continue making courthouse arrests in New York City, shutting down a challenge brought by the ACLU and immigrant rights groups.
District Judge P. Kevin Castel, a George W. Bush appointee, found there was not enough evidence to suggest that ICE’s courthouse arrest policy changes were “unexplained, arbitrary and capricious,” as 2021 guidance allowed arrests at or near immigration courts.
Noting the 2025 guidance is more “expansive and permissive,” Castel acknowledged ICE made the changes because local correctional facilities and prisons, which are considered “safe” locations due to security screenings, are not available due to state and local policies regarding immigration detainers.
Dozens of immigrants are detained by US Immigration and Customs Enforcement (ICE) agents inside the Federal Plaza courthouse in New York City on Thursday, June 26, following their legal proceedings. The arrests, which took place shortly after court appearances, have sparked criticism from immigrant rights advocates, who say courthouse enforcement undermines due process and deters community members from seeking legal protection. (Lokman Vural Elibol/Anadolu via Getty Images)
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However, the judge did block a Department of Justice policy encouraging immigration judges to dismiss cases so ICE could immediately arrest migrants.
The Trump administration in June launched an initiative to arrest illegal immigrants after asylum hearings.
The tactic stirred controversy, with critics claiming migrants seeking legal citizenship would be less likely to show up to hearings, and those who are arrested after hearings may not have additional criminal histories.
Federal agents detain a man after his court hearing in immigration court at the Ted Weiss Federal Building on July 09, 2025 in New York City. (Michael M. Santiago/Getty Images)
