A federal judge in California has barred Immigration and Customs Enforcement from arresting immigrants at immigration courts, ruling that the agency failed to adequately justify a major policy change that expanded courthouse enforcement.
In his order issued Tuesday, U.S. District Judge P. Casey Pitts vacated ICE policies that removed prior restrictions on civil immigration arrests at immigration courthouses.
Pitts said that ICE failed to explain why it reversed earlier guidance and did not adequately address concerns that courthouse arrests could discourage immigrants from attending their hearings.
The judge wrote that ICE’s policies reflected “a complete lack of decision-making” and were “devoid of rational explanation.”
Pitts also struck down an ICE policy that allowed detainees to be held in short-term holding facilities for up to 72 hours, replacing a previous 12-hour limit.
The ruling drew praise from immigrant rights advocates.
Gov. Healey rolled out new guidance for Massachusetts schools, hospitals and other organizations’ interactions with ICE agents and how they can prepare. But it remains unclear whether ICE will respect the rules. The governor’s move comes ahead of the World Cup, which immigrant advocates still have concerns about. In reply, ICE said Healey’s “guidance is inventing a problem to solve. Separately, the Justice Department is suing Massachusetts and other states for denying undercover ICE agents license plates.
Jared Berezin, who leads the Burlington-based activist group Bearing Witness, called the decision a victory for due process.
“Anytime there’s a ruling that supports due process, it is a win,” he said.
Berezin said he remains skeptical about whether ICE will comply with the order.
“ICE has violated more than 10,000 court orders at this point, whether they’re pertaining to a specific individual that the court has said you cannot hold in detention, or whether it’s to a larger systemic issue like not arresting people in courthouses,” said Berezin.
The ruling applies specifically to immigration courts and does not prohibit ICE arrests at district courts or other courthouses.
The federal government sharply criticized the decision.
James Percival, an attorney representing the government posted on X, calling the ruling “naked judicial activism.”
“When a judge sentences a defendant, the defendant is taken into custody,” Percival added. “If an alien is ordered removed by an immigration judge, the same should happen.”
Republican strategist Wendy Wakeman said the decision hampers federal law enforcement efforts.
“I find it absolutely unbelievable that a federal judge would rule that federal law enforcement cannot operate inside of a federal building,” she said.
Wakeman argued that stronger immigration enforcement remains necessary.
“In order to catch them, we need to enforce the law. This shouldn’t be a political issue, but it is,” she said.
The ruling comes as ICE enforcement actions at courthouses have drawn increasing scrutiny across Massachusetts.
In September, NBC10 Boston cameras recorded ICE agents detaining a person outside Chelsea District Court, a type of enforcement action not covered by Tuesday’s ruling.
Newly released data shows about half of ICE arrests in Massachusetts involve immigrants with no criminal record, though the Department of Homeland Security says 70% of ICE arrests are criminal illegal aliens.
Some advocates and political candidates say protections should extend beyond immigration courts.
Jeromie Whalen, who is running for Congress in Massachusetts’ 1st District, said he would like to see additional limits on ICE enforcement activities.
“We are seeing an out-of-control government that is causing chaos, that is causing violence on behalf of a really specific agenda coming from an ultraconservative party,” he said.
Whalen also called for a more proactive approach to protecting immigrant communities.
“We need to take an offensive approach to this and think of ways that we could be proactive in helping and protecting our communities,” Whalen said.
The Justice Department said the ruling could create safety concerns by forcing immigration arrests to occur outside courthouse settings rather than in controlled environments.
The department said the order puts agents, immigrants and the public in more dangerous situations when arrests have to happen outside court. It added that it is exploring additional legal options.
Oscar Margain
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