Overview
- A federal judge issued the stay on Monday that halts routine ICE civil arrests at immigration court sites in Lower Manhattan while the legal challenge continues.
- Justice Department lawyers told the court in March that a May 2025 ICE guidance used to defend the practice “does not and has never applied” to immigration courts, prompting the judge to revisit his earlier decision.
- The order covers courts at 26 Federal Plaza, 201 Varick Street and 290 Broadway and allows arrests only for narrow emergencies such as imminent violence, national security threats, evidence loss or hot pursuit.
- Advocates reported that ICE detained a 21-year-old at Federal Plaza less than 24 hours after the stay, a move ICE and DHS say was lawful that advocates have challenged in court as a possible violation of the order.
- The ruling highlights tensions between EOIR courts under DOJ and enforcement by DHS/ICE, could be appealed by the government, and may affect immigrants’ willingness to attend hearings and their access to due process.