Federal Judge Limits Arrests at Immigration Courthouses

June 24, 2026

President Trump made aggressive immigration enforcement a keystone of his reelection campaign, and the administration made good on that promise starting on day one, when they issued ICE Directive 11072.3 on January 21, 2025. The directive encouraged ICE agents to “conduct civil immigration enforcement actions in or near courthouses”, i.e. to detain people who were attending immigration-related court proceedings. On June 23rd, U.S. District Judge P. Casey Pitts ruled that the government had been “arbitrary and capricious” in issuing this directive, and that the policies in question resulted “not merely from unreasoned decision-making, but a complete lack of decision-making.” The administration is expected to appeal the ruling, which would otherwise curtail ICE’s ability to detain people at immigration courthouses.

An Impossible Bind

Of the millions of noncitizens in the United States without legal status, some have little hope of gaining that legal status, or even being granted deportation relief. However, many others will have viable pathways to remain legally in the United States. The process of determining which noncitizens fit into which category is largely carried out through immigration courts.

By encouraging ICE to abduct and deport people attending lawfully-scheduled immigration hearings – hearings which would, among other things, determine whether or not the individuals should be deported – the Trump administration put people in an impossible bind: either show up to your hearing to argue your case, but risk being immediately deported by ICE, or skip your hearing entirely, thus losing your ability to gain legal status or deportation relief. By punishing people who are “trying to do things the right way”, the Trump administration has been able to increase deportation numbers, while also pushing noncitizens further into the shadows.

Judge, Jury & Executioner

ICE was established in 2003 to centralize immigration enforcement activities nationwide, and now stands as the most well-funded law enforcement agency in the country. Importantly, law enforcement agencies in the United States – no matter how large and well-funded – are not responsible for determining guilt or innocence, or for carrying out sentencing. However, following ICE Directive 11072.3 (and the follow-up, Directive 11072.4, from May 2025), ICE has functionally cut the judicial process out of the loop entirely for many noncitizens. By deporting people as they are attending deportation-related hearings, ICE is able to make the judge’s decision for them. And the verdict is always the same: deportation, no matter the facts of the case. It is as if local police could, at any point during a criminal trial, decide that the defendant was guilty, and could implement the maximum punishment at will.

Return to Biden Era Enforcement Standards at Courthouses

While the administration is likely to appeal, if the judge’s ruling stands it would see ICE activity at courthouses return to Biden-era norms, which limited arrests at courthouses to exceptional circumstances, e.g. arresting an individual who posed a specific national security threat or imminent danger to others. This would hopefully allow people to attend immigration hearings without fear of instant deportation, resulting in the resumption of normal due process for those in immigration proceedings.

Ending 3-Day Detentions in Short-Term Cells

In addition to ending ICE’s practice of using legal immigration proceedings as a trap for noncitizens without legal status, Judge Pitts vacated the Trump administration’s policy allowing ICE to hold individuals in short-term cells for up to 72 hours, up from the standard 12-hour maximum that held prior to 2025.

Looking Forward

The Trump administration was quick to criticize the ruling, with the DHS general counsel writing that Judge Pitts was taking part in “naked judicial activism in service of an anti-American, open borders agenda.” It is very likely that the administration will appeal the ruling, and will seek a stay of the order while the appeal proceeds. However, until that happens, we would hope to see a marked decrease in ICE activity at immigration courthouses nationwide.

June 24, 2026

Federal Judge Limits Arrests at Immigration Courthouses President Trump made aggressive immigration enforcement a keystone of his reelection campaign, and the administration made good on that promise...More