Federal Judge Bans ICE Arrests at Manhattan Immigration Courts

A federal judge in New York has prohibited U.S. Immigration and Customs Enforcement agents from arresting immigrants in or around three federal courthouses in lower Manhattan, where tense confrontations have occurred since the start of Donald Trump’s second presidency.

Under an order issued Monday by U.S. District Judge P. Kevin Castel, federal agents are barred from making immigration arrests at the sites where hearings are held before immigration judges, except under exceptional circumstances.

Castel’s ruling came in response to a lawsuit brought by the New York Civil Liberties Union, the American Civil Liberties Union, Make the Road NY and other groups.

Amy Belsher of the ACLU called the ruling “an enormous win for noncitizen New Yorkers seeking to safely attend their immigration court proceedings.”

Castel said the ruling applies to immigration courts at 26 Federal Plaza and two other Manhattan locations — 201 Varick Street and 290 Broadway. The order does not apply nationwide.

In a 15-page order, Castel wrote that while “a strong governmental interest in enforcing immigration laws” exists, there is also a serious interest in allowing individuals to attend removal proceedings and pursue asylum claims before a judge “without fear of arrest.”

Castel also noted that federal agents may still detain individuals at locations away from immigration courts and can make arrests at immigration courthouses when a serious threat to public safety exists.

The lower Manhattan federal buildings, including 26 Federal Plaza where ICE maintains an office, have been the site of immigrant arrests, related protests and standoffs between agents and demonstrators that have included the detention of local elected officials.

Castel said the boundaries set out in federal policy from April 2021 regarding enforcement actions inside courthouses can remain in effect. He also indicated that a case before him would likely result in a ruling that it was “arbitrary and capricious” for the second Trump administration to withdraw that policy.

The judge had initially cleared the way for arrests at Manhattan immigration courts in September. But he said government attorneys recently reversed their position, stating they learned that 2025 policies regarding courthouse arrests set by the Trump administration did not apply to immigration courts after all.

He said the government’s new position made it necessary to “correct a clear error and prevent a manifest injustice.”

Castel wrote that federal prosecutors apologized to him in March for a “material mistaken statement of fact that the government made to the court.” The Trump administration blamed the error on “agency attorney error,” withdrawing “portions of four briefs” as well as “statements” made during oral argument.

Castel’s ruling Monday follows highly publicized tensions between protesters and federal immigration authorities in cities such as Los Angeles and Minneapolis.

The latter city saw widespread street protests after federal agents shot 37-year-old U.S. citizens Renee Good and Alex Pretti to death in separate cases in January.

In the wake of those killings, polling revealed most Americans believed immigration agents had gone too far with their tactics. With midterm elections looming in the fall, the Trump administration made agency leadership changes.

African Communities Together and the Door, groups involved in the legal action that yielded Castel’s ruling, had argued that making arrests at federal immigration locations was a “profoundly unfair” practice that “undermined the rule of law and the integrity of immigration courts.”

Beth Baltimore of The Door said the judge’s decision “brings us hope” and said the group “continues to work tirelessly to support … members who were terrified to go to their required court appearances.”