Full Breakdown
Federal Judge Halts ICE Arrests at NYC Immigration Court Check-Ins
5/20/2026, 2:12:00 AM
Immediate Ruling and Scope
On Monday night, U.S. District Judge P. Kevin Castel ordered a temporary injunction that bars Immigration and Customs Enforcement (ICE) from arresting individuals attending routine immigration-court check-ins at three New York City sites. The injunction limits arrests to cases involving national-security threats or “imminent” risks and restores the Biden-era policy that previously prohibited most courthouse arrests.
Policy Background and Legal Misstep
In 2023 the Trump administration rescinded a Biden-era memorandum that barred most immigration-court arrests, arguing that ICE could detain attendees under a legal memo. In March 2025 the Justice Department admitted that the memo applied only to criminal courts, not to immigration courthouses, describing the agency’s position as a “material mistaken statement of fact” and an “attorney agency error.” The reversal prompted the lawsuit brought by immigrant-rights organization The Door, which argued the policy was “arbitrary and capricious.”
Key Actors
- Judge P. Kevin Castel – U.S. District Court for the Southern District of New York, author of the injunction.
- ICE leadership – Implemented the courthouse-arrest policy after rescinding the prior memo.
- Department of Homeland Security (DHS) spokesperson – Defended the policy and announced an appeal.
- Beth Baltimore – Deputy director of The Door’s legal services center, representing detained individuals.
- Harold Solis – Co-legal director of Make the Road New York, an immigrant-rights advocacy group.
- Federal agents – Executed arrests at immigration-court check-ins.
Data & Statistics
Why It Matters
The practice of arresting attendees created a “chilling” effect, forcing individuals to choose between appearing in court and risking detention or skipping hearings and risking removal orders. The ruling may set a precedent for other jurisdictions, as the judge noted that the 2025 ICE Courthouse Arrest Policies “appear to apply to all courthouses.”
Official Statements & Responses
- Judge Castel explained that the injunction corrects a clear error and prevents a manifest injustice, emphasizing that immigration courts are part of the executive branch, not an independent judiciary.
- DHS asserted that “it is common sense to take illegal aliens into custody” after removal proceedings and expressed confidence in a successful appeal.
- The Door welcomed the decision, stating it offers hope to members targeted by “cruel policies.”
- Make the Road New York highlighted the widespread arrests at 26 Federal Plaza and called the practice “unjust.”
- Justice Department attorneys acknowledged the mistaken legal memo and the agency’s error in applying it to immigration courts.
Criticism & Opposition
Immigrant-rights groups described the arrests as “fishing in a stocked pool,” arguing the policy was arbitrary, capricious, and violated due process. They contend that the arrests undermined the ability of non-citizens to attend mandatory hearings without fear of detention.
On-the-Ground Reports
A Paraguayan woman whose relative was detained was photographed surrounded by federal agents at the Jacob K. Javits Federal Building on July 16, 2025. Local council members and a state senator observed the proceedings, noting the heightened presence of ICE personnel during routine check-ins.
Conflicting Reports & Gaps
ICE maintained that its arrest authority applied to immigration courts in statements made as recently as January, yet reversed that position in March after the DOJ’s admission of error. The final legal status of the courthouse-arrest policy remains unresolved pending the pending lawsuit.
Verbatim Quotes
- “This is fishing in a stocked pool. You tell them, ‘Show up at this location,’ and then they show up and you grab them,” — Federal agent, immigration-court arrests
- “The 2025 ICE Courthouse Arrest Policies, on their face, appear to apply to all courthouses,” — Judge P. Kevin Castel
- “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. We are confident we will ultimately be vindicated in this case,” — DHS spokesperson
- “In the face of this administration’s ongoing targeting of our young members, this decision brings us hope,” — Beth Baltimore, The Door
- “For nearly a year, countless immigrant New Yorkers have been arrested simply for attending their court hearings at 26 Federal Plaza,” — Harold Solis, Make the Road New York
What’s Next
The Trump administration has announced an appeal of Judge Castel’s injunction. The underlying lawsuit will determine whether the rescinded policy violates the Administrative Procedure Act, potentially shaping immigration-court practices nationwide.
