Judge issues final ruling against ICE immigration court arrest policy in Manhattan

U.S. District Judge P. Kevin Castel granted summary judgment Thursday to migrant rights groups African Communities Together and The Door, ruling that ICE's practice of arresting migrants at routine Manhattan immigration court appearances was arbitrary and capricious. Castel, a Bush appointee, noted the government's own briefs were 'silent' on whether the policy met that legal standard.

Castel initially allowed the arrests last September based on a May 2025 agency memo, but ICE later admitted in court that the memo never actually applied to courthouse arrests, prompting federal prosecutors to apologize for a 'material mistaken statement of fact.' Castel reversed course in May and found ICE now operates with what he called 'unfettered discretion' and 'no guidance whatsoever.'

Arrests have slowed but not stopped since the block took effect; in one case a detainee was released within 24 hours, and ICE has also cited anti-ICE protests as justification for making arrests at courthouses. The practice has produced viral incidents, including agents shoving a photojournalist and the arrest of then-Comptroller Brad Lander while he escorted someone through a crowd of agents.

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