New York — Federal agents can no longer make arrests without exceptional circumstances in and around three Manhattan buildings where immigration proceedings take place, a judge ruled Monday.
The decision by U.S. District Judge P. Kevin Castel abruptly halts a practice begun under the Trump administration that enabled agents to detain individuals who follow requirements to appear before immigration judges.
The arrests resulted in dramatic scenes in the courtrooms, where detainees were sometimes dragged away from emotional family members.
Castel said in a written decision that while there was a “strong government interest in enforcing immigration laws,” there was also a serious interest in allowing individuals to attend removal proceedings and pursue asylum claims before a judge “without fear of arrest.”
He noted that federal agents are still able to detain individuals in locations far from immigration courts, and can also make arrests in immigration courts when there are serious threats to public safety.
He said the limits set in the federal policy five years ago could remain in effect, but his lawsuit would likely lead to a conclusion that withdrawing that policy after President Donald Trump took office was “arbitrary and capricious.”
Castel also noted that government lawyers recently reversed their position, saying they learned that the 2025 policies regarding detentions in and around courthouses set by the Trump administration did not apply to immigration courts after all.
The judge, who last year declined to ban the practice, said the government lawyers’ new position meant it was necessary to “correct a clear wrong and prevent a clear injustice.”
The ruling came in a lawsuit filed by the New York Civil Liberties Union, the American Civil Liberties Union, Make the Road NY and others.
Amy Belcher, director of immigrant rights litigation at the NYCLU, praised him.
She called it “a tremendous victory for non-citizen New Yorkers seeking to safely attend their immigration court proceedings.”
Messages seeking comment from the Department of Homeland Security were not immediately responded to. A spokesman for the Justice Department’s lawyers declined to comment.
Castel’s decision, which does not apply nationally, concerns the immigration courts at 26 Federal Plaza, 201 Varick Street, and 290 Broadway in Manhattan. The FBI’s New York headquarters is also located at 26 Federal Plaza, a large building across from two federal courthouses near City Hall.
The organizations first filed the lawsuit last August on behalf of the immigrant advocacy groups African Communities Together and Al-Bab.
“In the face of this administration’s continued targeting of our young members, this decision brings us hope,” said Beth Baltimore, deputy director of The Door’s Legal Services Center.
“Our staff continues to work tirelessly to support Door members who were terrified of going to required court appearances. We stand with our members to fight for those affected by court arrests, including those who remain detained, and other harsh policies,” Baltimore said in a statement.