ICE Continues Arrests in Immigration Court Despite Judicial Restrictions
Authorities have arrested multiple individuals in Manhattan’s immigration court, despite a federal judge’s ruling that broadly curtailed the practice in May.
Federal Ruling Against ICE Practices
On May 18, U.S. District Judge Kevin Castel, appointed by President George W. Bush, determined that Immigration and Customs Enforcement (ICE) lacked the legal grounds to execute arrests in immigration courts. This landmark decision specifically affects the Manhattan immigration court, effectively ending the agency’s contentious tactic of detaining individuals arriving for essential immigration hearings.
Recent Arrests Raise Legal Concerns
Since Judge Castel’s order, ICE has detained at least six individuals at the Manhattan immigration court. The latest incident occurred on Thursday when agents arrested Bronx resident Matar Ndiaye. He was attending a court hearing regarding his asylum application at the time of his apprehension, according to court documents.
Claims of Due Process Violations
Ndiaye’s habeas corpus petition, filed on the same day as his arrest, highlights his repeated appearance in immigration court and argues that he received no prior notice before his detention. He emphasized that an immigration judge had never deemed him a flight risk or a threat to the community.
Impacts on the Immigration System
The legal argument presented by Ndiaye mirrors those of many others caught in the sweeping deportation efforts of previous administrations. His attorney, Kyle Barron, voiced concerns over the fairness of detaining individuals who comply with immigration court requirements. Barron stated that such actions undermine the integrity of the immigration process.
ICE’s Justifications Under Scrutiny
In response to continued arrests, ICE has defended its actions by citing safety concerns related to potential anti-ICE demonstrations at alternative locations. The agency claims its arrests comply with a narrow exception in Judge Castel’s ruling, which permits detentions in extraordinary circumstances involving national security or public safety threats.
Judge Questions Further Arrests
On Friday, Judge Castel requested a detailed explanation from the government regarding ongoing arrests in immigration court that do not pertain to Ndiaye’s case, despite his earlier ruling. The judge’s inquiry comes amid growing concerns over the disruptive impact of such detentions on court proceedings and access to justice for noncitizens.
Previous Guidance and Subsequent Reversal
Initially, in 2025, Judge Castel allowed arrests in immigration courts following an ICE internal memo. However, he later reversed this decision when it was revealed that ICE misrepresented the memo’s intent and that no formal authorization had been granted for such actions in immigration courts.
