The day after a federal judge ordered Immigration and Customs Enforcement to halt immigration arrests in New York City civil immigration courts, ICE proceeded to arrest a man and then released him hours later. Attorneys representing the individual, Vinely Alexander Castillo-Norales, stated that the arrest demonstrated ICE's "utter contempt for the rule of law." Although ICE's parent agency, the Department of Homeland Security, denied violating a court order, this incident adds to a series of actions defying federal courts during President Donald Trump's second term.
Background of the Arrest
Castillo-Norales, 21, arrived in the United States as a child seeking asylum and has resided in the country for years. He has no criminal convictions and has "dutifully" attended immigration court hearings, according to a court filing from the New York Legal Assistance Group. However, on Tuesday, immigration agents arrested him after a standard court check-in, despite no immigration judge determining he was a flight risk or a danger to the community.
Judge's Order and Violation
On Monday, Judge P. Kevin Castel of the Southern District of New York issued an order pausing all ICE arrests in immigration courthouses, with rare exceptions, while a lawsuit proceeds. Castel's decision reversed his own earlier ruling after federal government attorneys admitted that the legal memo used to justify arresting hundreds of people in civil immigration court did not apply to immigration courts. Although the order includes exceptions, such as preventing imminent violence or when no safe alternative exists, DHS did not specify the legal authority used to arrest Castillo-Norales.
DHS defended the arrest broadly, accusing Castillo-Norales of being a gang member and facing prior criminal charges, though no convictions were listed. "ICE did NOT violate any court orders," a DHS spokesperson said. "Nothing prohibits arresting a lawbreaker where you find them, especially illegal alien gang members."
Legal Response and Release
Chloe Chik, a spokesperson for NYLAG, stated, "DHS is obviously grasping since ICE released him after only detaining him for a few hours. Arresting anyone on unfounded claims subverts the rule of law and could have a lasting impact on everyone's civil liberties." Before Castillo-Norales' release, NYLAG filed a habeas corpus petition arguing that his arrest directly violated Castel's order and a ruling from the 2nd Circuit Court of Appeals against the Trump administration's claim to jail immigration detainees without bond. With multiple appeals courts divided on this policy, it is expected to reach the Supreme Court.
ICE released Castillo-Norales after a few hours, before Judge John G. Koeltl could act on the wrongful detention case. In light of the release, Castillo-Norales' legal team requested cancellation of the scheduled hearing, which the federal government consented to, and Koeltl agreed.
