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Judge blocks Trump administration from arresting migrants at immigration courts

Published June 25, 2026 · Updated July 21, 2026 · By Robert Anderson - tyunews.com

Foto : Robert Anderson - tyunews.com

Judge Blocks Trump Administration's Migrants Arrest Policy at Immigration Courts

Tyunews.com – A federal judge in California has halted the Trump administration's practice of detaining migrants within immigration court settings, ruling that the policy breached the Administrative Procedures Act. U.S. District Judge P. Casey Pitts, based in the Northern District of California, issued a 71-page decision Tuesday, declaring the policies from Immigration and Customs Enforcement (ICE) and the Executive Office of Immigration Review (EOIR) as "arbitrary and capricious." The decision resulted in a nationwide injunction preventing the arrests from proceeding across the United States.

"The record before the Court reveals ICE and EOIR provided insufficient reasoning for their actions, leading to the conclusion that each challenged policy is arbitrary and capricious under the APA," Judge Pitts stated.

New Tactic Sparks Legal Debate

Legal experts highlight that ICE has recently adopted a strategy to detain migrants directly in courtrooms, a move critics argue undermines due process. The Justice Department initially sought to limit the court's ruling to its jurisdiction, but the judge's decision extended to all U.S. immigration courts. This development has drawn attention to instances where individuals were arrested in cities like New York, even after their deportation cases were dismissed.

Deportation hearings, which are legal proceedings initiated by the Department of Homeland Security, determine whether a migrant should be removed from the country. Immigration judges often dismiss cases to grant individuals time to apply for asylum or other forms of relief. In some cases, dismissals occur when the individuals are not deemed a priority for removal.

For migrants, a dismissal typically signifies a favorable outcome. However, attorneys warn that the Trump administration has used this process to detain individuals in immigration courts without allowing them to present their full cases. Federal agents, including ICE officers, patrol the halls of courts like the Jacob K. Javits Federal Building in New York City, where arrests have been notably reported.

Policy Expansion and Legal Missteps

Previously, ICE focused on arresting those deemed a threat to public safety or involved in specific crimes. The 2025 courthouse arrest policy, however, expanded this practice. Judge Pitts criticized the lack of connection between the stated reasons for the policy and its implementation, pointing out that the government's own admission revealed a misapplication of the ICE memo.

In a related case in New York, the Department of Justice acknowledged it had wrongly relied on an ICE memo to justify arrests at immigration courts. The memo, according to court records, does not apply to civil immigration enforcement actions within or near court facilities. This inconsistency has fueled legal challenges against the policy's validity.

James Percival, the DHS general counsel, called the ruling "anti-American" in a post on X. "When a judge sentences a defendant, they are taken into custody. Similarly, an alien ordered removed should be detained," he argued. "A district judge allowing otherwise is engaging in naked judicial activism to advance an open borders agenda." The decision has intensified debates over immigration enforcement practices and judicial oversight.