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Manhattan Judge Bars ICE Arrests at Immigration Courthouses

5/19/2026, 9:52:41 PM

Court Order Halts Widespread ICE Detentions

On May 19 2026, U.S. District Judge P. Kevin Castel issued a written injunction prohibiting Immigration and Customs Enforcement (ICE) agents from making arrests inside or around three Manhattan immigration courthouses—26 Federal Plaza, 201 Varick Street, and 290 Broadway—except in “exceptional circumstances” involving public safety or national security. The order applies only to those locations and does not extend nationwide. Castel stressed that while the government has a strong interest in enforcing immigration law, individuals must be able to attend removal hearings “without fear of arrest.”

Policy Origins and Legal Challenge

The ban targets a 2025 Trump-administration policy that interpreted a Department of Homeland Security (DHS) memo as authorizing ICE to detain non-citizens at immigration courts. The guidance was defended as a “safer environment” for agents but produced “ambush-style” arrests at 26 Federal Plaza, often separating families in hallways. Civil-rights groups—including the New York Civil Liberties Union (NY CLU), American Civil Liberties Union (ACLU), Make the Road NY, African Communities Together, and The Door—filed suit alleging violations of the Administrative Procedure Act and constitutional due-process protections. In March, the Manhattan U.S. Attorney’s Office sent a letter acknowledging that the memo did not apply to immigration courts, prompting the judge’s reconsideration.

Key Figures and Organizations

  • Judge P. Kevin Castel – Southern District of New York, author of the injunction.
  • ICE – Federal agency tasked with immigration enforcement.
  • DHS spokesperson – Defended the policy as “common sense.”
  • Amy Belsher – Director of Immigrants’ Rights Litigation, NY CLU.
  • Beth Baltimore – Deputy Director, Legal Services Center, The Door.
  • Melissa Chua – Director, Immigrant Protection Unit, New York Legal Assistance Group.
  • Murad Awawdeh – President & CEO, New York Immigration Coalition.
  • Brad Lander – Former NYC Comptroller, congressional candidate, critic of the policy.
  • Liana Castano – ICE Assistant Director of Field Operations, clarified memo scope.

Data on Arrests and Detentions

  • ICE recorded 3,212 arrests across New York City’s five boroughs in 2025, with the majority processed at 26 Federal Plaza.
  • In 2024, more than half of all city detainees were taken at 26 Federal Plaza, including over 1,000 adults and at least 150 children.
  • ? 70 % of those detained had no criminal convictions or pending charges.
  • The City’s analysis indicated Manhattan was targeted more than any other U.S. city for courthouse arrests.

Official Statements & Responses

  • Judge Castel: “While there is a strong governmental interest in enforcing immigration laws, there is also a serious interest in letting individuals attend removal proceedings without fear of arrest.”
  • DHS spokesperson: “It is common sense to take illegal aliens into custody following the completion of their removal proceedings. Nothing prohibits arresting a lawbreaker where you find them.”
  • Department of Justice attorneys: Issued a March letter expressing “regret” for relying on the erroneous memo and withdrew portions of earlier briefs.
  • Trump administration: Attributed the error to “agency attorney error” and defended the original policy as necessary for public safety.
  • Brad Lander: Described the March letter as an admission of a “bombshell lie” that underpinned the arrests.

Criticism & Opposition

Civil-rights advocates argue the policy violated due-process rights and the Administrative Procedure Act, labeling it “profoundly unfair” and “cruel, pointless.” African Communities Together and The Door contend the arrests “undermined the rule of law and the integrity of immigration courts.” The administration maintains that arrests are essential for “public safety” and to prevent “evidence destruction,” a claim contested by the plaintiffs.

Verbatim Quotes

  • “an enormous win for noncitizen New Yorkers seeking to safely attend their immigration court proceedings.” — Amy Belsher, NY CLU
  • “In the face of this administration’s ongoing targeting of our young members, this decision brings us hope,” — Beth Baltimore, The Door
  • “This ruling is a relief to the hundreds of immigrants with future hearings,” — Melissa Chua, New York Legal Assistance Group
  • “common sense to take illegal aliens into custody following the completion of their removal proceedings.” — Spokesperson, Department of Homeland Security
  • “These are individuals who are literally following the process by the letter of the law, and instead of having the opportunity to fight their cases, they were trapped and detained.” — Murad Awawdeh, New York Immigration Coalition

Conflicting Reports & Gaps

Sources differ on the scale of arrests: the City reports “hundreds” of courthouse detentions, while ICE data cite 3,212 citywide arrests in 2025, with a majority at 26 Federal Plaza. The definition of “exceptional circumstances” remains vague, leaving uncertainty about future enforcement. Additionally, DHS frames the policy as a safety measure, whereas plaintiffs assert no evidence of reasoned decision-making, highlighting a factual dispute over the policy’s legal justification.

What’s Next

Judge Castel indicated he will continue evaluating whether the 2025 policy violates the Administrative Procedure Act, potentially issuing a final ruling. The government has signaled intent to appeal the stay. Civil-rights groups plan to monitor compliance and may seek further relief for individuals already detained. The issue is expected to surface in upcoming congressional hearings as the 2026 midterm elections approach.