Federal Judge Limits ICE Courthouse Arrest Policy: What Immigrants Need to Know

What Did the Court Decide?

In African Communities Together v. Venturella, No. 25-cv-6366 (S.D.N.Y. Sept. 30, 2026), U.S. District Judge P. Kevin Castel granted summary judgment to the plaintiff organizations on their challenge to ICE's courthouse arrest guidance. The court held that ICE's 2025 policy was arbitrary and capricious under the Administrative Procedure Act to the extent it rescinded an April 27, 2021 guidance memorandum's limits on arrests at or near immigration courts, and vacated the 2025 guidance to that extent.

Importantly, the ruling does not ban ICE from making arrests at immigration courthouses. Instead, it restores the narrower April 2021 standard, which permitted courthouse civil immigration enforcement only in specific circumstances, such as a national security threat, an imminent risk of harm, hot pursuit of a public-safety threat, or risk of evidence destruction, in place of what the court described as the "unfettered discretion" ICE had been exercising after the 2021 limits were rescinded without any replacement guidance.

For immigrants, the ruling is significant because attending an immigration hearing is often essential to preserving the opportunity to present a case, apply for relief, or challenge removal proceedings.

Why Was the ICE Policy Challenged?

The legal challenge focused on whether the government adequately explained its decision to change the rules governing courthouse arrests. Under the Administrative Procedure Act, federal agencies generally must provide a reasoned explanation when changing an existing policy and may not act arbitrarily or capriciously.

The April 2021 guidance had expressly applied to immigration courthouses and limited arrests there to a defined set of circumstances. ICE's 2025 guidance rescinded the 2021 memorandum but never acknowledged, anywhere in its own administrative record, that doing so removed all limits on arrests at immigration courts specifically.

A key fact in the case was the government's own shifting position during the litigation. For roughly a year, the government maintained that its 2025 courthouse-arrest guidance applied to immigration courts. In March 2026, government attorneys told the court that ICE's position had changed and that the 2025 guidance had, in fact, never applied to immigration courthouses at all. The court found that this unexplained, undocumented reversal was itself part of why the policy could not survive review: an agency changing position without acknowledging or explaining the change is a hallmark of arbitrary and capricious action.

Who Is Protected by the Ruling?

The decision restores the April 2021 guidance's limits on civil immigration enforcement specifically at or near immigration courthouses. Its practical reach depends on the wording of the court's order and any later developments, including a possible appeal.

Immigrants should not assume that the ruling prevents every arrest at every courthouse. The April 2021 guidance that was restored still permits arrests involving national security threats, imminent risk of harm, hot pursuit, risk of evidence destruction, or, in some circumstances, individuals who pose a public-safety threat. Nor does the ruling create immunity from immigration enforcement outside the courthouse setting.

ICE retains authority to arrest and detain noncitizens when authorized by applicable law. Whether a particular arrest is lawful may depend on the person's circumstances, the legal basis for the action, and any applicable court order or enforcement restriction in effect at the time.

What Should Immigrants Do Before a Hearing?

If you have an upcoming immigration court hearing, do not assume that this ruling removes every risk of detention. At the same time, fear of a possible arrest should not lead you to miss a required hearing without first obtaining legal advice.

• Attend your hearing: Missing a required hearing can result in an in absentia removal order when the legal requirements are met.
• Review your immigration history: Prior removal orders, criminal convictions, pending applications, and current immigration status may affect your situation.
• Speak with an attorney: Discuss your concerns before the hearing so you understand the current law and the circumstances specific to your case.
• Know your rights: If approached by immigration officers, you may exercise your right to remain silent and ask to speak with an attorney. Do not physically resist officers.

Legal Help for Immigration Court Concerns

Immigration court and detention matters require an individualized assessment. An attorney can review your immigration history, explain how the courthouse ruling may apply, and help you understand the consequences of attending or missing a hearing. If detention occurs, an attorney can evaluate available options, including potential challenges to custody when supported by the facts and applicable law.

We represent immigrants and families in removal defense, asylum proceedings, detention matters, and federal habeas corpus litigation. We can help you understand your legal options and prepare for the next steps in your immigration case.