The decision by U.S. District Judge P. Kevin Castel 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.
