A federal judge on Tuesday vacated two Immigration and Customs Enforcement policies that permitted wide-ranging arrests at courthouses and detention in short-term holding facilities for more than 12 hours. District Judge P. Casey Pitts ruled both policies were “arbitrary and capricious” under the Administrative Procedure Act, a decision that applies nationally.
Details of the Ruling
The order curbs ICE’s ability to make arrests at immigration courts, where the agency had targeted immigrants attending routine check-ins over the past year. These arrests drew widespread criticism for ambushing individuals during mandatory court appearances and instilling fear among immigrants seeking due process. Pitts wrote that the policies “entirely fail to address the chilling effect of courthouse arrests on noncitizens’ attendance at court proceedings.”
Impact on ICE Operations
The decision effectively reverts to prior policy, which allowed arrests only under narrow circumstances. Pitts noted that “vacatur does not preclude ICE from conducting civil enforcement actions at courthouses; it merely reinstates ICE’s 2021 guidance and EOIR’s 2023 guidance, which authorized courthouse arrests in defined circumstances.”
DHS General Counsel James Percival criticized the ruling on social media, calling it “naked judicial activism in service of an anti-American, open borders agenda.” He argued that when a judge sentences a defendant, custody follows, and the same should apply to immigrants ordered removed.
Broader Context
Tuesday’s order is the latest court decision restricting Trump administration enforcement at immigration courts. In May, a federal judge temporarily barred federal agents from arresting people at immigration court in New York City, as reported by HuffPost’s Matt Shuham.
