Federal court bars ICE from arresting immigrants at three Manhattan federal courthouses after finding the agency lacked internal legal authority for the year-plus practice
On May 18, 2026, U.S. District Judge P. Kevin Castel (Southern District of New York) issued a 15-page stay barring U.S. Immigration and Customs Enforcement from arresting most immigrants inside or around three federal courthouses in lower Manhattan — 26 Federal Plaza, 201 Varick Street, and 290 Broadway — except in narrow circumstances involving imminent national-security or public-safety threats. The court's findings document the underlying abuse this entry records: ICE had conducted courthouse arrests at substantial scale for over a year despite, as federal prosecutors admitted in March 2026, having no internal agency rules establishing the legal authority for the practice, and the agency had continued the arrests after conceding this to prosecutors. A masked-agent arrest was witnessed at 26 Federal Plaza on the morning of May 18, hours before the stay took effect.
Actors
- U.S. Immigration and Customs Enforcement
- U.S. Department of Homeland Security
On May 18, 2026, U.S. District Judge P. Kevin Castel of the Southern District of New York issued a 15-page stay barring U.S. Immigration and Customs Enforcement from arresting immigrants inside or around three federal courthouses in lower Manhattan: 26 Federal Plaza, 201 Varick Street, and 290 Broadway. The narrow exceptions in the order permit arrests only where an agent identifies an imminent national- security threat, public-safety risk, imminent violence, or imminent destruction of evidence in a criminal case. The order is geographically narrow — it covers only the three NYC courthouses named — and leaves the practice intact elsewhere in the country.
The newsworthy event is the judicial ruling, but the entry-recordable abuse is the conduct the court found in support of issuing it. ICE had conducted broad courthouse arrests of immigrants attending their own legally required hearings — including masked-agent operations in courthouse hallways and parking areas — for over a year. In March 2026, federal prosecutors admitted to the court that ICE had misled them about the legal authority underlying the practice. Judge Castel's order concludes the agency had no internal rules establishing legal authority for the courthouse-arrest expansion, and that the agency continued the practice after conceding the authority problem. A masked-agent arrest was witnessed at 26 Federal Plaza on the morning of May 18, in the hours between the court's review and the stay taking effect.
Two abuse dimensions interact. First, an armed federal agency
conducted arrests at scale without identifiable internal legal basis,
fitting the executive-overreach slug (executive actions exceeding
constitutional or statutory authority). Second, those arrests
occurred at the very immigration proceedings the same individuals
were legally required to attend, fitting
denial-of-due-process-in-immigration-enforcement: by making
appearance at a hearing the trigger for detention, the practice
chills lawful participation in the immigration-adjudication process,
bypassing the procedural protections those hearings exist to
provide.
The judicial ruling itself — Judge Castel's reversal of his own earlier 2025 sign-off on the practice after the agency continued it without authority — is not recorded as the abuse here. Courts ruling within their constitutional role, including reversing earlier sign-offs on the basis of new findings, are part of the system working. What's recorded is the year-plus course of executive-branch conduct the court has now formally found to lack internal legal basis, plus the agency's continuation of that conduct after admitting the authority problem.
The geographical narrowness of the ruling is editorially relevant: the same agency, the same statutory authorities, and the same practice presumably remain in effect at federal immigration courthouses outside the SDNY's jurisdiction. Reporting on parallel practices in other federal circuits, if surfaced, would warrant separate entries.
Sources
- Judge blocks broad ICE arrests at immigration courts in Manhattan — Courthouse News Service primary accessed May 19, 2026
- Federal judge bars ICE agents from arresting immigrants attending court-ordered hearings at Federal Plaza and other facilities — amNewYork primary accessed May 19, 2026
- Federal Judge Blocks ICE Arrests Inside NYC Immigration Courthouses — THE CITY primary accessed May 19, 2026
- Federal judge bans most arrests by federal agents in immigration courts in New York — The Washington Post primary accessed May 19, 2026
- ICE Ordered to Halt Arrests at Manhattan Immigration Courts — Documented NY investigative accessed May 19, 2026
See also
- Trump administration runs 67M+ voter registrations through DHS SAVE database for federal noncitizen/deceased checks; voting-rights advocates warn of pre-midterm purge
- Hennepin County charges ICE agent in January Minneapolis shooting of Venezuelan immigrant
- Trump signs second federal-elections executive order asserting presidential control over voter eligibility and mail voting
- Tennessee enacts mid-decade congressional map eliminating Memphis majority-Black 9th district
- Tennessee House Speaker strips entire Democratic caucus of all committee assignments in retaliation for May 7 floor protest of anti-Black gerrymander