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Judge Prohibits Most ICE Arrests at Immigration Courts in New York City

Judge Prohibits Most ICE Arrests at Immigration Courts in New York City

Judge Limits Immigration Arrests in NYC Courthouses

A judge has issued a decision that significantly restricts federal agents from conducting immigration-related arrests within several courthouses in New York City.

U.S. District Judge P. Kevin Castel stated that agents are barred from making arrests at or around the immigration courthouses located at 26 Federal Plaza, 201 Varick Street, and 290 Broadway in Manhattan. However, agents can still carry out immigration arrests outside these courthouses. The ruling also allows for arrests inside immigration courts if there is a serious public safety threat.

Judge Castel acknowledged the government’s keen interest in enforcing immigration laws but emphasized that individuals seeking asylum or involved in deportation proceedings should be able to attend court “without fear of arrest.” He suggested that the guidelines set during former President Joe Biden’s administration should be enforced, claiming that rules from President Donald Trump’s tenure were “arbitrary and capricious.”

This ruling marks a shift from Castel’s earlier decision in 2025, where he chose not to suspend the existing policy.

In a related memo from May 2025, Todd Lyons, the Acting Director of Immigration and Customs Enforcement (ICE), advised that agents should generally refrain from making arrests in or near courthouses handling non-criminal cases unless they secure permission from higher authorities.

Attorneys from the Department of Justice indicated in March that previous assertions about the May 2025 memo being aimed at immigration courts needed revision, stating that the memo “does not apply, and has never applied” to these courts.

Judge Castel affirmed that the ruling was essential in rectifying injustices and preventing misuse of the system. This decision follows a lawsuit filed by the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union (ACLU), Make the Road NY, among others.

The Department of Homeland Security (DHS) responded by asserting that detaining individuals after removal proceedings is a common practice, claiming there are no restrictions on arresting offenders visible in public.

A representative from the Justice Department declined to comment on this ruling.

Amy Belsher, the director of immigrant rights litigation at NYCLU, described the decision as a significant win for non-citizen residents of New York aiming to attend immigration court proceedings safely.

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