Federal Judge Restricts ICE Arrests at Three Manhattan Immigration Courts

A federal judge ruled Monday that immigration agents may no longer make arrests without exceptional circumstances at three Manhattan buildings where immigration proceedings occur. U.S. District Judge P. Kevin Castel issued the decision in a lawsuit brought by the New York Civil Liberties Union, the American Civil Liberties Union, Make the Road NY and others.

The ruling covers immigration courts at 26 Federal Plaza, 201 Varick Street and 290 Broadway.

The practice of making arrests at immigration courthouses began under the Trump administration. It allowed agents to take into custody individuals who appeared for scheduled hearings before immigration judges. Castel wrote that while there was a strong governmental interest in enforcing immigration laws, there was also a serious interest in letting individuals attend removal proceedings and pursue asylum claims without fear of arrest.

He noted that agents can still detain individuals at locations away from immigration courts and can make arrests when there are serious threats to public safety.

Government lawyers recently reversed their position, stating that 2025 policies regarding arrests in and around courthouses did not apply to immigration courts. Castel said this new position required the court to correct a clear error and prevent a manifest injustice.

The judge had previously declined to ban the practice last year. 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 the withdrawal of that policy was arbitrary and capricious.

Amy Belsher, director of the NYCLU’s Immigrants’ Rights Litigation, called the ruling an enormous win for noncitizen New Yorkers seeking to safely attend their immigration court proceedings. Beth Baltimore, deputy director of The Door’s Legal Services Center, said the decision brings hope to members who were terrified to go to their required court appearances.

Messages seeking comment from the Department of Homeland Security were not immediately returned. A spokesperson for Justice Department lawyers declined comment.