Judge Bans Most Arrests by ICE at Court05/19 06:14

   

   NEW YORK (AP) -- Federal agents can no longer make arrests without 
exceptional circumstances in and around three Manhattan buildings where 
immigration proceedings occur, a judge ruled Monday.

   The decision by U.S. District Judge P. Kevin Castel brings an abrupt halt to 
a practice begun under the Trump administration that enabled agents to take 
into custody individuals who follow requirements to appear before immigration 
judges.

   The arrests have resulted in dramatic scenes in courthouse hallways as those 
being detained were sometimes pulled away from emotional family members.

   Castel said in a written decision that while there was "a strong 
governmental interest in enforcing immigration laws," there also was a serious 
interest in letting individuals attend removal proceedings and pursue asylum 
claims before a judge "without fear of arrest."

   He noted that federal agents still can detain individuals at locations away 
from immigration courts and also can make arrests at immigration courthouses 
when there are serious threats to public safety.

   He said the boundaries set out in federal policy five years ago can remain 
in effect, but a court case before him was likely to result in a finding that a 
withdrawal of that policy after President Donald Trump took office was 
"arbitrary and capricious."

   Castel also noted that government lawyers recently reversed their position, 
saying they've learned that 2025 policies regarding arrests in and around 
courthouses set by the Trump administration did not apply to immigration courts 
after all.

   The judge, who last year had declined to ban the practice, said the new 
position by government lawyers meant it was necessary to "correct a clear error 
and prevent a manifest injustice."

   The ruling came in a lawsuit brought by the New York Civil Liberties Union, 
the American Civil Liberties Union, Make the Road NY and others.

   It was praised by Amy Belsher, director of the NYCLU's Immigrants' Rights 
Litigation.

   She called it "an enormous win for noncitizen New Yorkers seeking to safely 
attend their immigration court proceedings."

   Messages seeking comment from the Department of Homeland Security were not 
immediately returned. A spokesperson for Justice Department lawyers declined 
comment.

   Castel's decision, which did not apply nationwide, pertained to immigration 
courts at 26 Federal Plaza, 201 Varick Street and 290 Broadway in Manhattan. 
New York's FBI headquarters is also located at 26 Federal Plaza, a large 
building across from two federal courthouses near City Hall.

   The organizations first brought the lawsuit last August on behalf of 
immigrant advocacy groups African Communities Together and The Door.

   "In the face of this administration's ongoing targeting of our young 
members, this decision brings us hope," said Beth Baltimore, deputy director of 
The Door's Legal Services Center.

   "Our staff continues to work tirelessly to support Door members who were 
terrified to go to their required court appearances. We stand with our members 
to fight for those impacted by courthouse arrests, including those who remain 
detained, and other cruel policies," Baltimore said in a release.