A federal judge has issued a nationwide injunction barring the federal government from making arrests at immigration courts, a practice that began shortly after President Donald Trump assumed office. U.S. District Judge Casey Pitts of San Francisco ruled that the administration's policy change was inadequately justified, failing to account for the potential "chilling effect" on individuals attending court hearings.
Pitts cited the Administrative Procedure Act of 1946, a law requiring federal agencies to provide sound reasoning for their actions. He stated that while agencies are not required to select the most preferable course of action, they must offer valid justifications for their chosen path.
This ruling follows a similar decision in May by a federal judge in New York, which had applied only to immigration courts within that state. The current order, issued by Pitts, a judge appointed by President Joe Biden, extends the prohibition to all federal immigration courts nationwide.
Under the previous policy, which took hold after Trump's inauguration, plainclothes agents would sometimes make arrests in courthouse hallways, often in coordination with Homeland Security attorneys. Cases were sometimes dismissed by the government to facilitate these arrests. The judge also faulted the administration for holding individuals in nearby cells for periods exceeding a 12-hour limit.
James Percival, the general counsel for the U.S. Department of Homeland Security, criticized the ruling. He described it as judicial overreach and an "anti-American, open borders agenda," drawing a parallel to how defendants are taken into custody after sentencing.