A Federal Judge Just Blocked ICE's Policy of Arresting Immigrants at Their Own Court Hearings

A federal judge ruled on June 24 that ICE’s policy of arresting immigrants at their own court hearings violated federal law. The government had already admitted in writing that the legal basis for the policy ‘does not and has never applied.’

What You Should Know

U.S. District Judge P. Casey Pitts issued a 71-page ruling finding that ICE’s expanded courthouse arrest policy and a separate rule extending immigrant detention from 12 hours to 72 hours both violated the Administrative Procedure Act. The judge found the agencies ‘failed to provide reasoned explanations’ for either change.

The ruling was made nationwide through class certification of the affected immigrant population. ICE and the DOJ can attempt to draft new, legally compliant policies - but the current policies are immediately invalidated. Judge Pitts was appointed by President Biden.

The System Under Pressure

The case rested in part on the government’s own words. In March, the Justice Department filed papers acknowledging that the legal authority used to justify courthouse arrests ‘does not and has never applied’ to immigration courts. The court cited that admission directly in its ruling.

The policy had drawn immediate criticism from attorneys and civil liberties advocates who said it effectively penalized immigrants for participating in legal proceedings they were required to attend.

The Receipts

The 71-page ruling is official court record. The March DOJ admission is part of the case record. Newsweek confirmed the ruling and the nationwide scope created by class certification. ICE detention time records are cited in the ruling.

What Happens Next

The government is expected to appeal. ICE must revert to prior courthouse enforcement standards in the interim. If the DOJ and ICE draft replacement policies, those must satisfy the APA standard the court laid out - a higher bar than what the agencies provided the first time.

References: Newsweek