U.S. District Judge P. Kevin Castel ruled Monday to halt a practice begun under the Trump administration that enabled agents to take into custody individuals who follow requirements to appear before immigration judges. The ruling applies specifically to three Manhattan immigration court buildings and changes how federal enforcement operates in those spaces.
What changed
Castel’s decision pertained to immigration courts at 26 Federal Plaza, 201 Varick Street and 290 Broadway in Manhattan. Federal agents can no longer make arrests without exceptional circumstances in and around these three Manhattan buildings where immigration proceedings occur.
However, the ban is not absolute. Federal agents still can detain individuals at locations away from immigration courts and also can make arrests at immigration courthouses when there are serious threats to public safety.
The judge said the boundaries set out in federal policy five years ago can remain in effect, but a court case before him was likely to result in a finding that a withdrawal of that policy after President Donald Trump took office was “arbitrary and capricious”. Government lawyers recently reversed their position, saying they’ve learned that 2025 policies regarding arrests in and around courthouses set by the Trump administration did not apply to immigration courts after all.
Why it matters
If your client has a removal hearing scheduled in any of these three Manhattan locations, this order provides concrete protection: ICE cannot arrest them inside the courtroom, hallway, or building perimeter except in rare circumstances involving public safety. This matters because arrests have resulted in dramatic scenes in courthouse hallways as those being detained were sometimes pulled away from emotional family members.
Practically, the ruling means you can advise New York clients that they can appear for their immigration court proceedings without fear of routine custodial arrest immediately before, during, or after their hearing. It does not prevent arrest outside the designated buildings or after they leave the courthouse premises.
The judge’s finding that the 2025 Trump-era policy was potentially “arbitrary and capricious” may have broader significance if a final ruling follows; however, this decision applies only to Manhattan’s three specified locations, not nationwide.
Way forward
- If you represent a client in removal proceedings at 26 Federal Plaza, 201 Varick Street, or 290 Broadway: Document this order and discuss it in your safety and case-strategy consultation. Your client’s risk profile has changed materially under this ruling.
- Verify the scope in writing: Confirm with the court that the client’s hearing location is covered by this order before relying on it in case planning.
- Understand the exceptions: Brief your client that the ban does not apply if DHS alleges a serious public safety threat, so counsel on appropriate courtroom conduct.
- Monitor for appeal or modification: Judge Castel’s order is not final nationwide law. The Department of Homeland Security has indicated it plans to appeal, so stay alert to changes.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. articles.folaform.com is a software platform, not a law firm. You should consult a licensed immigration attorney in your jurisdiction to understand how this ruling applies to your specific case and circumstances. Immigration policy and court orders can change without notice, and you should verify all information against the primary source linked above and current guidance from your local immigration court.