A federal judge has vacated the Trump administration’s policy of arresting immigrants at immigration courthouses. U.S. District Judge P. Casey Pitts of the Northern District of California issued the order wiping out both ICE’s courthouse-arrest policies and a separate waiver that had allowed the agency to hold detainees in short-term cells for up to 72 hours. The decision applies nationwide and takes effect immediately.
What changed
U.S. District Judge P. Casey Pitts of the Northern District of California vacated three courthouse-arrest policies and a detention-waiver policy on June 23, 2026, in Pablo Sequen v. Albarran. Pitts vacated three courthouse-arrest policies and a detention-waiver policy under the Administrative Procedure Act, finding the government acted arbitrarily and capriciously.
Vacatur does not preclude ICE from conducting civil enforcement actions at courthouses; it merely reinstates ICE’s 2021 guidance and EOIR’s 2023 guidance, which authorized courthouse arrests in defined circumstances. The court also vacated a separate detention waiver that allowed the agency to hold individuals for up to 72 hours, instead of the previous limit of 12 hours.
The judge’s reasoning turned on administrative law: the judge invoked the Administrative Procedure Act — the federal law requiring agencies to provide reasoned explanations for policy changes. ICE’s rationales for the new policy, the court found, were “unconvincing” as applied to immigration courts.
Why it matters
The policies entirely failed to address the chilling effect of courthouse arrests on noncitizens’ attendance at court proceedings, which is both a critical factor underlying ICE’s 2021 guidance and an ‘important aspect of the problem’ in its own right. For practitioners, this ruling directly affects client counseling:
- Courthouse safety is restored — Previously, the agency was able to apprehend people at these venues, but only in a very narrow set of specific circumstances. Vacatur does not preclude ICE from conducting civil enforcement actions at courthouses; it merely reinstates ICE’s 2021 guidance and EOIR’s 2023 guidance, which authorized courthouse arrests in defined circumstances.
- Detention limits revert — Immigrants detained after courthouse arrests will be held no longer than 12 hours, not 72.
- Nationwide effect — The decision, which applies nationally, curbs ICE’s ability to make arrests at immigration courts, where it has targeted immigrants attending routine check-ins over the past year.
The court rejected the government’s argument that a Supreme Court decision blocked nationwide relief, finding that the vacatur applied across all immigration courts.
Way forward
- Advise clients on restored courthouse safety — Re-review case strategy with clients facing scheduled immigration court hearings; document that attendance is now protected under the reinstatement of Biden-era policies.
- Update detention contingency plans — If your client is arrested at a courthouse, ICE is now bound to the 12-hour limit. Prepare to seek immediate release or bail hearings if that window is approached.
- Monitor for appeal — The Trump administration may appeal to the Ninth Circuit Court of Appeals. Check the docket regularly for notices of appeal or motions for a stay pending appeal.
- Confirm local courthouse rules — Some immigration courts may have local orders or procedures reflecting the pre-2025 posture. Request clarification from your local EOIR office on how the decision will be implemented at your courthouse.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. It summarizes a federal court ruling based on publicly available sources. Immigration policy and court procedures can change without notice, and judicial decisions may be appealed or reversed. You should verify all information against the primary court document and consult with a licensed immigration attorney before advising clients or making filing decisions based on this ruling.