A federal judge in Manhattan has set aside the Trump administration’s 2025 approach to arresting people at immigration courthouses, ruling that the government dropped its earlier limits on those arrests without explaining why. The decision matters to anyone with a case before an immigration judge, including asylum seekers and others who must appear in person and who have worried that showing up for a hearing could end in detention.
U.S. District Judge P. Kevin Castel of the Southern District of New York signed the opinion and order on September 30, 2026, in African Communities Together and The Door v. Venturella, No. 25-cv-6366. He granted summary judgment to the two plaintiff organizations and vacated the 2025 ICE courthouse arrest policy to the extent it rescinded an April 27, 2021 policy as applied to arrests in or near immigration courts. He dismissed as moot a separate claim about a policy of the immigration courts themselves.
The 2021 policy, issued under the previous administration, allowed civil immigration arrests at or near courthouses only in limited circumstances. Judge Castel found that the 2025 rescission of that policy was ineffective, because the government never acknowledged what the change would mean for arrests at immigration courts and never explained why having no policy at all was better than the 2021 approach. With the rescission set aside for immigration courts, the 2021 limits apply there again.
Courthouse News reported that the judge called the practice “wholly arbitrary and capricious” and wrote that officers had been operating with unfettered discretion and no guidance. The ruling also leaned on an admission the government made earlier this year. According to the opinion, on March 24, 2026 the government acknowledged that the 2025 policy it had relied on “never applied to arrests at or near immigration courts,” which contradicted the position it had taken earlier in the case.
How far the decision reaches is described differently in early coverage. The order vacates the policy rather than granting relief only to named people, and amNY and Newsweek both reported that it applies to immigration courts nationwide. Courthouse News focused on the three Manhattan immigration court locations at the center of the lawsuit, including 26 Federal Plaza. The opinion’s conclusion does not list specific courts, so readers outside New York should watch for agency guidance or further filings that settle the question.
It is also not yet known how the government will respond. Courthouse News reported that the Department of Homeland Security did not immediately respond to requests for comment, and no appeal had been announced as of Friday morning. By its terms the ruling concerns arrests in or near immigration courts. It does not address enforcement at USCIS offices, homes, workplaces or traffic stops, and the restored 2021 policy still permits courthouse arrests in limited situations.
For people with upcoming hearings, the ruling does not change the duty to attend. Missing a hearing can lead to a removal order issued in the person’s absence, which is much harder to undo than most other problems in a case. Anyone who is worried about a hearing should speak with an immigration attorney or accredited representative ahead of time, bring copies of documents showing any pending applications or lawful status, and make sure a family member or lawyer knows the time and place of the hearing.
If ICE officers do attempt an arrest at or near an immigration court, a lawyer can point to this order and the restored 2021 policy. Readers should expect the government to contest how broadly the ruling applies while the litigation continues, and the rules could change again if a higher court steps in.
Source: Opinion and Order, African Communities Together v. Venturella, No. 25-cv-6366 (S.D.N.Y. Sept. 30, 2026); Courthouse News; amNY; Newsweek.
This article is for general information and is not legal advice. The situation is changing quickly, so please consult an immigration attorney about your specific case.
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