ICE Defends Courthouse Arrests After Judge's Order
A federal judge ordered ICE to stop arresting immigrants at a New York City immigration courthouse — but the arrests kept happening anyway. Now the Justice Department is fighting to hide the reasons why. For any immigrant with a court date in New York, this case could directly affect your safety and your rights.
What Happened: Arrests Continued After the Court Order
In May 2026, U.S. District Judge P. Kevin Castel issued a preliminary stay — a temporary court order — halting ICE arrests at 26 Federal Plaza, the immigration courthouse in lower Manhattan. The stay came after the Department of Justice admitted it had accidentally misinterpreted its own policy memo to justify the arrests. But according to lawyers for two immigrant rights groups — African Communities Together and The Door — at least five people were arrested at that courthouse after the stay was issued.
Of those five, three were released without explanation by federal immigration authorities. Two men arrested in late June remain detained and are fighting their cases through petitions of habeas corpus — a legal tool that asks a federal court to decide whether a detention is lawful. One of the detained men is from the Dominican Republic and another from Ecuador, according to the Department of Homeland Security. Lawyers for the nonprofits noted that at least one person arrested had no criminal history beyond a trespassing charge related to how he crossed the border.
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ICE defended the arrests, saying they fell under narrow exceptions to the stay — including imminent risk of death or threats to national security that could not be safely handled elsewhere. An ICE supervisor named Roberto Rodriguez stated in a sworn declaration that courthouse arrests are actually safer for officers than street arrests in New York, arguing that community efforts to block immigration enforcement make street arrests more dangerous. The Justice Department is now pushing back against demands to reveal the specific reasons for each arrest, calling the request for more information unnecessary. A response from the plaintiffs' attorneys was expected by Thursday, July 10, 2026, according to the federal court website.
What This Means for Immigrants With Court Dates
This case is part of a longer lawsuit challenging whether ICE courthouse arrests are legal at all. The core argument from immigrant rights groups is that arresting people at courthouses stops immigrants from showing up to their hearings — which harms not just those individuals but the entire justice system. The lawsuit is still ongoing, meaning the legal fight over these arrests is not over.
What to do
- If you have an upcoming immigration court hearing at 26 Federal Plaza or any New York courthouse, talk to an immigration lawyer before you go. Lawyers can advise you on the current legal situation and any risks.
- Know your ICE arrest rights: you have the right to remain silent and the right to speak with a lawyer. Do not sign any documents without legal advice.
- If you or someone you know is arrested at a courthouse, contact an immigration attorney immediately. A habeas corpus petition — a request for a federal court to review whether the detention is lawful — may be an option.
- Stay updated on this case. The court is still receiving filings, and the legal situation may change quickly. Follow trusted immigration news sources for the latest developments.
A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.
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Anyone arrested at a courthouse in apparent violation of a court-ordered stay has strong grounds to challenge that detention through a habeas corpus petition in federal court — and the court will want to see whether ICE actually met the narrow exceptions allowed under the stay. If you were arrested at 26 Federal Plaza after May 2026, document everything: the date, who arrested you, and what you were told. This factual record is critical for any legal challenge. Given how fast this situation is moving, consult an immigration attorney as soon as possible.
Frequently Asked Questions
Can ICE arrest me when I go to my immigration court hearing?
Legally, a federal judge ordered a stop to arrests at 26 Federal Plaza in New York in May 2026. However, ICE has continued making arrests there, claiming narrow exceptions apply. The lawsuit is ongoing, so the situation is not fully resolved. Talk to an immigration lawyer before attending any court date.
What is a habeas corpus petition and how can it help me?
A habeas corpus petition is a request to a federal court asking it to decide whether your detention is lawful. If you were arrested in a way that may have violated a court order, this is one legal tool your attorney can use to challenge your detention. Two people arrested at 26 Federal Plaza in late June 2026 are currently using this approach.
What are the exceptions that allow ICE to arrest someone at a courthouse even under the stay?
According to court documents, the narrow exceptions include an imminent risk of death or threats to national security or public safety that cannot be safely handled anywhere else. ICE has claimed these exceptions applied to the five arrests made after the May 2026 stay, but immigrant rights lawyers are challenging that claim in court.
What should I do if ICE arrests me at a courthouse?
Stay calm. You have the right to remain silent — you do not have to answer questions about your immigration status or history. Ask immediately to speak with a lawyer. Do not sign any documents without legal advice. If possible, have someone contact an immigration attorney on your behalf right away.