What The Court Orders Allow
Federal judges did not prohibit all immigration courthouse arrests.
Instead, the rulings required ICE to return to guidance adopted in 2021 that permits arrests only under limited circumstances, including:
Threats to national security. An imminent risk of death, violence or physical harm. Hot pursuit of someone who poses a public safety threat. Situations where no safe alternative arrest location exists or another location would make enforcement too difficult.
The dispute now before the court is whether ICE properly applied those exceptions.
Why Do Advocates Say The Arrests Crossed The Line?
In a June 29 letter to U.S. District Judge Kevin Castel, attorney Katherine Rosenfeld said advocates documented five courthouse arrests in Manhattan that raised “serious concerns” about ICE’s compliance with his order.
“ICE has also maintained a heavy presence in those courthouses on a near-daily basis, which contributes to precisely the intimidating effect that this Court found constitutes irreparable harm to plaintiffs,” Rosenfeld wrote.