Federal Judge Halts ICE Courthouse Arrests And Extended Detention Policy
On June 23, 2026, U.S. District Judge P. Casey Pitts blocked Immigration and Customs Enforcement and the Justice Department's immigration courts from arresting immigrants at courthouses and from enforcing extended short-term detention nationwide.[1]
Pitts found the rescission of a 2021 courthouse-protection memo was legally unjustified under the Administrative Procedure Act.[1] He held that allowing detainees to be held at a San Francisco immigration facility beyond 12 hours, often overnight or for multiple days, violated the Fifth Amendment.[1] The injunction is nationwide and preliminary, leaving time for the administration to seek appeal.[1]
On April 27, 2021, the Biden administration issued a memo limiting civil immigration enforcement in and near courthouses to narrow exceptions such as national security threats or imminent harm. On January 20, 2025, the Trump administration rescinded that policy and ICE followed with interim guidance on January 22, 2025 that removed the courthouse limits. On June 24, 2025, ICE issued a nationwide waiver allowing holding cells to detain people for up to 72 hours instead of the prior 12-hour cap. Those changes produced a sharp rise in courthouse arrests and extended short-term detentions, including at the San Francisco site.
DHS General Counsel James Percival criticized the ruling on X, calling it judicial activism and defending the agency's authority to take immediate custody after removal orders.[1] Supporters of the injunction say it restores protections meant to encourage attendance at immigration hearings and to protect access to justice.
The mainstream summary does not mention the alarming rise in ICE interior arrests, which quadrupled in 2025 compared to previous years, largely driven by an 11-fold increase in arrests in courthouses and other community settings. This surge reflects a broader trend of intensified enforcement that has resulted in record-high detention populations exceeding 66,000 individuals, with an average detention length of 44 days. These statistics underscore the urgency of the issue and the implications of the court's ruling on a system already strained by overcrowding and extended detention policies.[2]
Additionally, while the mainstream account frames the ruling as a straightforward legal decision, social media perspectives highlight a divide in public opinion. Some commentators view the injunction as an overreach by a Biden-appointed judge, arguing it undermines law enforcement efforts, while others emphasize the ruling's role in restoring necessary protections for immigrants attending court. This divergence in interpretation suggests that the implications of the ruling extend beyond legalities, impacting broader discussions about immigration policy and enforcement priorities.[3]
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📊 Relevant Data
In 2025, ICE interior arrests quadrupled compared to prior periods, driven largely by an 11-fold increase in street and community arrests (including at workplaces, homes, and courthouses), with noncriminal arrests rising more than sevenfold.
Immigration Enforcement in the First Nine Months of ... — Deportation Data Project
ICE's detained population reached record highs exceeding 66,000 individuals by November 2025, with an average detention length of 44 days at $152 per day as of September 2025.
Immigration Detention in a Time of Mass Deportation — Migration Policy Institute
U.S. immigration courts had 3.4 million pending deportation cases as of mid-2025, with over 31,500 detained individuals facing proceedings in immigration court.
Immigration Court Legal Representation Dashboard — Vera Institute of Justice
📌 Key Facts
- On June 23, 2026, Judge P. Casey Pitts issued a nationwide injunction against ICE and EOIR policies on courthouse arrests and detention limits.
- The ruling found the rescission of 2021 guidance limiting civil enforcement at immigration courts was arbitrary and capricious under the Administrative Procedure Act.
- Pitts held that allowing detainees to be held at a San Francisco immigration facility beyond 12 hours, often overnight or for multiple days, violated the Fifth Amendment.
- DHS General Counsel James Percival publicly criticized the ruling on X, calling it judicial activism and defending immediate custody after removal orders.
📰 Source Timeline (1)
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