Federal agents can no longer make arrests without exceptional circumstances in and around three Manhattan buildings where immigration proceedings occur, a judge ruled. The decision by US District Judge P. Kevin Castel on Monday brings an abrupt halt to a practice begun under the Trump administration that enabled agents to take into custody individuals who follow requirements to appear before immigration judges, per the AP. The arrests have resulted in dramatic scenes in courthouse hallways as those being detained were sometimes pulled away from emotional family members.
Castel said in a written decision that while there was "a strong governmental interest in enforcing immigration laws," there also was a serious interest in letting individuals attend removal proceedings and pursue asylum claims before a judge "without fear of arrest." He noted that federal agents still can detain individuals at locations away from immigration courts and also can make arrests at immigration courthouses when there are serious threats to public safety.
The ruling came in a lawsuit brought by the New York Civil Liberties Union, the American Civil Liberties Union, Make the Road NY, and others. The Department of Homeland Security said that it's "common sense to take illegal aliens into custody following the completion of their removal proceedings," in a statement after the ruling. "Nothing prohibits arresting a lawbreaker where you find them. We are confident we will ultimately be vindicated in this case."
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