Judge blocks Trump administration from arresting migrants at immigration courts
A federal judge has blocked the Trump administration from arresting migrants at immigration courts, saying that officials violated the Administrative Procedures Act in enacting the policy.
U.S. District Judge P. Casey Pitts of the Northern District of California wrote in a blistering 71-page decision Tuesday that policies by Immigration and Customs Enforcement and the Executive Office of Immigration Review were "arbitrary and capricious" and violated the APA, and he issued nationwide injunction blocking the practice across the United States.
"Because the record before the Court demonstrates ICE and EOIR failed to provide reasoned explanations for their actions, the Court concludes that each of the challenged policies is arbitrary and capricious in contravention of the APA," he wrote in his decision.
The Justice Department attempted to curtail the request to only the Northern District of California instead of a nationwide block.
Scenes of migrants being arrested at immigration courts across the country, including notably in New York City, drew scrutiny from local lawmakers and advocacy organizations, who said migrants were often arrested after their deportation cases were dismissed.
Deportation hearings in immigration court are legal proceedings initiated by the Department of Homeland Security in which an immigration judge determines whether a migrant should be removed from the United States. Often, an immigration judge will dismiss a case to allow the individual to pursue legal relief by seeking asylum, according to attorneys. Other times, DHS attorneys will request dismissals if the individuals are not a priority for removal.
In most cases, when a deportation case is dismissed, it is a positive outcome for a migrant. Immigration attorneys ABC News spoke with said the Trump administration has been using dismissals to detain people at immigration courts and place them into expedited removal without allowing them to fight their cases.
In previous years, ICE has prioritized conducting courthouse arrests of people who were considered risks to the public or were convicted or accused of certain crimes.
The Trump administration had argued that an executive order issued by President Donald Trump allowed for the agencies to enact the policy, but Judge Pitts disagreed.
"It is now clear that the lack of connection between ICE's stated rationales for the 2025 courthouse-arrest policies and the expansion of arrests at immigration courthouses results not from merely unreasoned decision making but a complete lack of decision making. As the government recently revealed, contrary to its prior representations, ICE's 2025 courthouse arrest policies do not cover immigration courthouses at all," he wrote.
That is a reference to a case in New York, in which the DOJ notified a judge that it had been erroneously relying on an ICE memo to justify arrests at immigration courts, according to a court filing. In fact, the ICE memo does not apply to civil immigration enforcement actions in or near immigration courts, the DOJ told the judge in that case.
James Percival, the DHS general counsel, said Tuesday's ruling is "anti-American."
"When a judge sentences a defendant, the defendant is taken into custody. If an alien is ordered removed by an immigration judge, the same should happen," he said in a post on X. "A district judge ordering otherwise is naked judicial activism in service of an anti-American, open borders agenda."
