A federal judge on Tuesday in California barred civil immigration arrests at courthouses nationwide. U.S. Immigration and Customs Enforcement agents can no longer arrest undocumented immigrants at courthouses solely for civil immigration violations under an order issued Tuesday by a federal judge in San Jose. This ruling applies to all courts across the country and reverses a 2025 policy change that had reopened courthouse enforcement.
What changed
U.S. District Judge P. Casey Pitts bars the government from enforcing two key policies that had underpinned the practice of courthouse arrests: one authorizing the arrests and another permitting extended detention at temporary facilities not intended to hold people for more than a few hours. For at least a decade, federal agents followed guidelines designed to prevent arbitrary civil immigration arrests of people at courthouses. The administration changed those rules without following procedures required by law, Pitts ruled.
The ruling stems from a case filed last year over arrests at courthouses in San Francisco and conditions at a temporary detention facility there. Pitts, in an order issued late last year, had already ended the practice in Northern California. Tuesday’s ruling declares the case a class action and extends the order nationwide.
Why it matters
This nationwide injunction significantly changes how you advise clients about appearing in court. For years, clients faced real risk of civil immigration arrest if they attended criminal, family, or civil court proceedings. Federal agents followed guidelines designed to prevent arbitrary civil immigration arrests of people at courthouses — that protection is now court-ordered and nationwide.
The ruling focuses on the procedural failure: the administration reversed long-standing policy without the notice-and-comment process or reasoned analysis required by the Administrative Procedure Act. The court found the new 2025 policies “arbitrary and capricious” in ignoring the chilling effect courthouse arrests have on noncitizens’ willingness to appear in court.
The administration pivoted last year to new detention tactics and has made fewer courthouse arrests than earlier this year, according to legal experts. Still, advocates said the ruling provides another layer of protection against the policy resuming unless the administration appeals and prevails. An appeal is likely; practitioners should verify the status of this order and any appellate proceedings before relying on it long-term.
Way forward
- Advise clients that civil immigration arrests at courthouses are now blocked nationwide under this federal court order, but note that the government has indicated intent to appeal.
- Update your client intake and advice: If a noncitizen client is considering defaulting from a court appearance out of ICE-arrest fear, this ruling removes that rationale (pending appeal).
- Document the ruling’s current status: Monitor the Court’s docket and the 9th Circuit appellate proceedings; this protection may change if the administration’s appeal succeeds.
- Distinguish civil from criminal arrests: This order blocks civil immigration arrests only; criminal removals and arrests on ICE detainers remain possible depending on the charge and jurisdiction.
Disclaimer
This article explains a court ruling, not legal advice. Fola is a software company, not a law firm. Immigration law is complex and evolving; this article does not constitute legal advice and must not be relied upon as such. Consult a licensed immigration attorney for advice on your specific case. Court orders and agency policy can change without notice; verify the current status of Judge Pitts’ order and any appellate developments before advising clients. Always confirm this information against the primary source linked above.