U.S. District Judge Kevin Castel of the Southern District of New York on Monday, May 18, granted a temporary stay barring Immigration and Customs Enforcement, or ICE, from carrying out civil immigration arrests in or near New York City immigration courthouses.
The order applies to immigration courts at 26 Federal Plaza, 290 Broadway and 201 Varick St. and requires federal immigration officers to follow ICE’s 2021 guidance limiting courthouse enforcement actions.
Under that policy, ICE is generally prohibited from conducting civil immigration arrests in or around courthouses, including entrances, exits and adjoining parking lots, except under limited circumstances.
“Every immigrant New Yorker deserves the ability to access immigration courts and navigate legal proceedings without fear of being unlawfully detained or separated from their family. ICE’s courthouse arrests have sown fear in New York’s immigrant communities, discouraging people from showing up to court and undermining trust in the legal process by targeting individuals at the moment they are complying with federal law requirements. Today’s decision is a vital step toward restoring a semblance of accountability and due process for everyone navigating New York City’s immigration courts. This court order must be fully followed by ICE, the detention center at 26 Federal Plaza must finally be closed, and all New Yorkers who have been unlawfully tricked and trapped at their court appearances must be immediately reunited with their families,” said Murad Awawdeh, president and CEO of the New York Immigration Coalition.
The ruling came after allegations that ICE misled the court about the legality of its courthouse arrest operations, which immigrant advocates say have created fear in immigrant communities and discouraged people from appearing at court hearings.
The New York Immigration Coalition described the decision as a major step toward restoring due process protections for immigrants navigating the city’s court system.
Murad Awawdeh, president and CEO of the New York Immigration Coalition, said courthouse arrests have undermined trust in the legal process by targeting immigrants while they complied with federal court requirements. He called for ICE to fully comply with the court order, close the detention center at 26 Federal Plaza and reunite families affected by courthouse arrests.
The New York Immigration Coalition is an umbrella advocacy organization representing more than 200 immigrant and refugee rights groups across New York state. The coalition works on immigration policy, civic engagement, legal access and community advocacy for immigrant communities.
