U.S. District Judge P. Kevin Castel on Monday barred federal agents from routinely arresting people who appear for proceedings at New York City’s immigration courthouses, ruling that immigrants should not have to risk detention to attend deportation hearings or pursue asylum claims, according to the court order. The following day, a 21-year-old man was arrested inside one of the federal buildings subject to the directive, an advocacy group said, testing how closely the judge’s restrictions are being followed by enforcement authorities.
As MSI previously reported, Castel’s order specifically addressed a practice that took hold under the Trump administration, in which immigration enforcement agents detained individuals who had followed legal requirements to appear before immigration judges. The practice resulted in officers making arrests inside federal buildings that house immigration courtrooms, creating scenes in which people being detained were sometimes separated from family members in courthouse hallways.
Castel wrote that people appearing for immigration proceedings should not have to risk arrest to exercise their legal rights, an advocacy group that tracks the issue said Tuesday. The judge’s order applies to federal buildings in New York City where immigration courts are located.
The arrest Tuesday came one day after the ruling and occurred in one of the buildings explicitly covered by the court’s order, the group said. Advocacy groups and legal organizations have raised concerns about whether enforcement actions will continue despite the judge’s directive, pointing to the arrest as an early indicator.
The ruling adds to a growing body of legal challenges to immigration enforcement practices under the current administration. Federal courts in several states have issued decisions in recent months limiting ICE’s authority to conduct warrantless arrests and to detain immigrants without bond.
U.S. Rep. Dan Goldman, who represents parts of New York City, has been among the elected officials pressing the issue, according to public statements. The situation at the federal courthouse buildings has become a flashpoint in local Democratic primary contests, with candidates taking differing positions on immigration enforcement and sanctuary policies.
The Justice Department and the Department of Homeland Security, which oversees ICE, have not publicly commented on whether they intend to appeal Castel’s order or seek a stay. A spokesperson for the U.S. Attorney’s Office for the Southern District of New York declined to comment on pending litigation.
Immigrations and Customs Enforcement did not immediately respond to a request for comment on the Tuesday arrest.