Federal Court Invalidates ICE Courthouse Arrest Policy
U.S. District Judge P. Kevin Castel of the Southern District of New York ruled that ICE’s 2025 courthouse arrest policy is arbitrary and capricious under the Administrative Procedure Act. The court ordered vacatur of the January 2025 Interim Guidance and May 2025 Final Guidance to the extent they rescinded earlier protections against civil arrests in or near immigration courts.
Restoring Essential Due Process Protections
This ruling is a critical victory for immigrants in New York and nationwide. Under the challenged policy, ICE officers arrested individuals appearing for immigration proceedings, often shuttling them directly into expedited removal without an opportunity to contest their cases. The court’s order vacating this policy ensures that individuals can attend mandatory court hearings without fear of immediate detention outside hearing rooms, preserving their fundamental constitutional right to due process.
ICE Already Violating Immigrant’s Rights Another Way
ICE’s Use of Unsupervised “Secret Courts” That Are Closed to the Public
While this decision curtails abusive courthouse arrests, immigration authorities continue employing measures that undermine procedural rights. One notable example is the operation of closed proceedings, such as the “Secret Court” located at 26 Federal Plaza in New York, NY. These practices restrict transparency, limit access to legal counsel, and prevent respondents from mounting an effective defense. For more details on these procedures, read our analysis on the Secret Immigration Court in New York City.
Actionable Steps for Upcoming Hearings
- Verify your scheduled appearance details on the EOIR Automated Case Information portal.
- Carry proof of your hearing notice and confirm representation with your immigration attorney prior to arrival.
- Report any enforcement actions or plainclothes ICE activity inside or immediately outside court facilities directly to counsel.