Judge allows ICE to continue courthouse arrests in New York City following legal challenge

A federal judge ruled on Friday ICE agents can continue making courthouse arrests in New York City, shutting down a challenge brought by the ACLU and immigrant rights groups.

District Judge P. Kevin Castel, a George W. Bush appointee, found there was not enough evidence to suggest that ICE’s courthouse arrest policy changes were “unexplained, arbitrary and capricious” after 2021 guidance allowed arrests at or near immigration courts.

Noting the 2025 guidance is more “expansive and permissive,” Castel acknowledged ICE made the changes because local correctional facilities and prisons, which are considered “safe” locations due to security screenings, are not available due to state and local policies regarding immigration detainers.

Dozens of immigrants are detained by U.S. Immigration and Customs Enforcement agents inside the Federal Plaza courthouse in New York City June 26 after their legal proceedings. (Lokman Vural Elibol/Anadolu via Getty Images)

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However, the judge did block a Department of Justice policy encouraging immigration judges to dismiss cases so ICE could immediately arrest migrants.

The Trump administration in June launched an initiative to arrest illegal immigrants after asylum hearings.

The tactic stirred controversy, with critics claiming migrants seeking legal citizenship would be less likely to show up to hearings, and those who are arrested after hearings may not have additional criminal histories.

Federal agents detain a man after his court hearing in immigration court at the Ted Weiss Federal Building July 9, 2025, in New York City. (Michael M. Santiago/Getty Images)

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Videos of the arrests went viral on social media, with some going so far as accusing ICE of “kidnapping” migrants.

“In its fervor to expel as many immigrants as possible from the country, the Trump administration is targeting immigrants in the very place set up to adjudicate their status: immigration court,” Diana Konaté, deputy executive director of Policy and Advocacy at African Communities Together, wrote in a statement published by the ACLU. 

“Every day, our members are forced to choose between being kidnapped and/or put into expedited removal or risking deeper legal consequences because they’re too scared to go to court.

“This is exactly what the administration intended — for people to be so fearful of enforcement that they forfeit the very resources and systems in place to protect them. We’re bringing this lawsuit on behalf of our members and fighting for justice.”

DHS previously reported a knife-wielding protester in a keffiyeh ambushed ICE agents at a San Francisco courthouse. (Department of Homeland Security)

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Some judges have fought back against the policy, allegedly aiding migrants’ escape after hearings.

Milwaukee Judge Hannah Dugan was indicted in May on federal charges after she allegedly told an illegal immigrant to leave through a private exit at the Milwaukee County Courthouse as ICE officials were serving a warrant for his arrest.

Fox News Digital’s Audrey Conklin and Fox News’ Bill Melugin contributed to this report.