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Judge Vacates ICE Courthouse Arrest Policy, Restores 2021 Limits

May 20, 2026·Location: New York, NY

Judge Vacates ICE Courthouse Arrest Policy, Restores 2021 Limits
Photo via news.bloomberglaw.com

U.S. District Judge P. Kevin Castel ruled that ICE's 2025 courthouse arrest guidance was arbitrary and capricious as applied to immigration courts and vacated it, reverting arrest rules there to a narrower April 2021 policy. The April 2021 memo permits arrests in or near immigration courts only in limited circumstances, such as national security threats, imminent danger, hot pursuit, or risk of evidence destruction. The ruling followed a March 2026 reversal in which government lawyers told the court that ICE's 2025 guidance had never actually applied to immigration courts, contradicting its earlier position. The case, African Communities Together v. Venturella, was brought by African Communities Together and The Door.

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