Federal agents will no longer be allowed to make arrests in three New York courthouses after a judge’s ruling.
The decision comes amid national debate over Immigration and Customs Enforcement (ICE) officers apprehending illegal aliens as they show up for immigration court proceedings.
From NBC News:
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.”
HUGE NEWS: ICE’s courthouse arrests have been STAYED by a New York district judge.
— Brad Lander (@bradlander) May 18, 2026
That means that ICE will have to stop arresting our immigrant neighbors on the spot when they show up to court at places like 26 Federal Plaza, 290 Broadway, and 201 Varick.
This is a massive win… pic.twitter.com/RVDR1vzzbz
Immigration has been a hot topic since President Donald Trump took office for the second time last year. Since then, he has ramped up mass deportation efforts in major cities across the country.
Many on the left have criticized the Trump administration for targeting illegal aliens at courthouses. In many cases, agents in various cities arrested these individuals just after court hearings in an effort to fast track their deportations.
I’m glad Judge Castel agreed that courthouse arrests are prohibited.
— Rep. Dan Goldman (@RepDanGoldman) May 19, 2026
While this case played out, I introduced the Immigration Court Due Process Protection Act to ban this surreptitious and unethical practice and protect people pursuing lawful pathways to come to the U.S.
Even… https://t.co/kwpgQgLUte
Critics argue that this practice make immigrants less willing to show up for their hearings. They say this undermines due process and the notion that courts should be the entities that settle disputes and immigration cases.
They also argue that many of the people caught in these arrests are not dangerous offenders and that they have deep ties to their communities.