
A federal judge on Tuesday ordered a nationwide halt to a Trump administration policy expanding immigration enforcement officials’ authority to arrest non-citizens at US immigration courthouses.
US District Judge P. Casey Pitts, an appointee of former President Joe Biden, ruled that the courthouse arrests carried out by US Immigration and Customs Enforcement (ICE) violated the Administrative Procedures Act’s requirement for “reasoned decision making” in federal agencies’ policy decisions.
After reviewing the evidence, Pitts found that the government “failed to provide reasoned explanations for their actions,” which he thus deemed “arbitrary and capricious.”
“The expansion of arrests at immigration courthouses results not from merely unreasoned decision making,” Pitts emphasized, “but a complete lack of decision making.”
The Trump administration last year rescinded previous policies that had restricted ICE agents’ ability to make arrests at courts, and allowed agents to keep noncitizens detained for up to 72 hours.
In prior years, noted Pitts, courthouse arrests “would be undertaken only against noncitizens whom ICE had a heightened interest in detaining immediately because, for example, they were ‘suspected of terrorism or espionage,’ had been convicted of crimes, ‘participated in organized criminal gangs,’ or ‘otherwise pose[d] a serious risk to public safety.'”
Pitts’ ruling, which the Trump administration is expected to challenge, restores those previous restrictions on courthouse arrests.
Jordan Wells, senior staff attorney at the Bay Area chapter of the Lawyers’ Committee for Civil Rights, told The San Francisco Chronicle that Pitts’ ruling restored the notion that “the courthouse is meant to be a refuge for the pursuit of justice, not a hunting ground for ICE.”
“No one, including immigrants, should be forced to choose between their liberty and their day in court," added Wells, whose organization is co-representing a group of asylum seekers who had filed a complaint to overturn the ICE courthouse arrest policy.
Rep. Veronica Escobar (D-Texas) hailed Pitts’ ruling as “excellent news.”
“Immigrants who show up to court—‘the right way’—have been targeted by this administration,” Escobar wrote in a social media post. “So glad to see this blatantly illegal and cruel policy struck down.”
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