Judge Upholds ICE’s Authority for Courthouse Arrests in New York

A federal ruling on Friday has cleared the way for U.S. Immigration and Customs Enforcement (ICE) agents to continue making arrests in and around courthouses across New York, despite challenges mounted by the ACLU and immigrant advocacy groups.

District Judge P. Kevin Castel, who was appointed by President George W. Bush, determined that opponents of the policy had not shown sufficient evidence that ICE’s arrest rules were “unexplained, arbitrary and capricious.” His decision comes in response to legal arguments against the agency’s 2021 guidance, which authorized courthouse arrests, and the subsequent 2025 update that broadened those powers.

In his ruling, Castel pointed out that the most recent guidance is “expansive and permissive,” explaining that ICE argued the shift was necessary because state and local governments refuse to honor immigration detainers at jails and prisons. These facilities had previously been considered secure environments due to their screening processes. However, Castel did strike down a Department of Justice policy that had encouraged immigration judges to dismiss cases quickly, allowing ICE to arrest migrants immediately afterward.

The courtroom arrest strategy drew national attention in June when the Trump administration launched a program to apprehend undocumented immigrants directly after their asylum hearings. The policy has faced sharp criticism with opponents warning it discourages migrants from appearing in court. Viral social media footage of ICE detentions outside courthouses fueled outrage with critics describing the actions as tantamount to “kidnapping.”

“In its fervor to expel as many immigrants as possible from the country, the Trump administration is targeting immigrants in the very place set up to adjudicate their status: immigration court,” Diana Konaté, deputy executive director of Policy and Advocacy at African Communities Together, wrote in a statement released by the ACLU. “Every day, our members are forced to choose between being kidnapped and/or put into expedited removal or risking deeper legal consequences because they're too scared to go to court. This is exactly what the administration intended — for people to be so fearful of enforcement that they forfeit the very resources and systems in place to protect them. We’re bringing this lawsuit on behalf of our members and fighting for justice.”

Concerns about courthouse arrests have also surfaced within the judiciary itself. Earlier this year, Milwaukee Judge Hannah Dugan was indicted on federal charges, accused of directing an undocumented immigrant to use a private exit at the Milwaukee County Courthouse as ICE officials attempted to serve a warrant.

Judge Upholds ICE’s Authority for Courthouse Arrests in New York