A federal judge in California on Tuesday issued a nationwide block against the Trump administration’s policy of making arrests at immigration courts, putting an end to a practice that garnered national attention. The injunction also blocks a separate policy that eliminated the cap on the amount of time an individual arrested for an alleged immigration violation can be detained.
What changed
U.S. District Judge P. Casey Pitts in the Northern District of California ruled in a 71-page opinion that the policies were arbitrary and violated the Administrative Procedure Act. The ruling invalidates two key Trump administration immigration enforcement policies:
Immigration court arrests: Last year, Immigration and Customs Enforcement began detaining migrants in courthouse hallways across the country, sometimes moments after pleading their cases. The court found that attorneys for Immigration and Customs Enforcement and the Executive Office for Immigration Review “failed to provide reasoned explanations for their actions.”
Detention time limits: The detention waiver, which allowed ICE to hold detainees for more than 12 hours, also violated the Fifth Amendment rights of detainees because they were subject to “punitive conditions of confinement.” Pitts said that ICE has held some detainees at an immigration center in San Francisco for more than 12 hours — and often overnight or for multiple days.
In his decision, Judge Pitts acknowledged the “chilling effect” of ICE’s policy, finding that it was “arbitrary and capricious,” and stated that the policies “entirely fail to address the chilling effect of courthouse arrests on noncitizens’ attendance at court proceedings.”
Why it matters
The ruling has immediate, practical consequences for how you advise clients and structure court appearances:
- Client attendance is now protected. The court found that courthouse arrests discourage noncitizens from appearing for hearings. You can now advise clients with greater confidence that they will not face arrest solely for showing up to contest their removal case.
- No more strategic detention at dismissal. Immigration attorneys have reported that the Trump administration has been using dismissals to detain people at immigration courts and place them into expedited removal without allowing them to fight their cases. This tactic is now foreclosed by the nationwide injunction.
- Detention length limits are restored. The court reinstated the prior 12-hour cap on detention in short-term holding facilities, eliminating the government’s ability to hold clients overnight or for multiple days as a matter of policy.
DHS had not announced an appeal as of Tuesday evening, but the administration is expected to seek emergency review from the 9th Circuit Court of Appeals. Even so, the injunction takes effect immediately and nationwide.
Way forward
- Verify the status of pending cases. If a client was arrested at immigration court under the now-blocked policy, consult with counsel about whether the arrest should be challenged or whether case dismissal is now possible.
- Preserve the client’s right to attend. When advising clients on court appearances, document that they are appearing in response to a lawful notice and cite the Pitts ruling if ICE officers attempt to detain them at the courthouse.
- Monitor 9th Circuit developments. The administration’s expected appeal could result in a stay pending resolution. Subscribe to court dockets and immigration law listservs for updates on the appeal timeline.
- Brief key stakeholders. Share this ruling with immigration judges and EOIR staff in your jurisdiction; some may not be fully apprised of the nationwide effect.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Nothing here is a substitute for consultation with a licensed immigration attorney who can evaluate your specific case and circumstances. Immigration policy and court precedent can change without notice. Always verify the status of any ruling against the primary court documents and current agency guidance before relying on it in a filing or hearing. Read the full court opinion and check the 9th Circuit docket for any stays or subsequent orders.