Federal agents took three people into custody at immigration courts in New York City over the last week in what lawyers said appears to be the first grave violations of two orders by federal judges barring such arrests.
On Thursday, U.S. Immigration and Customs Enforcement agents arrested an Ecuadorian man at a court at 26 Federal Plaza and a man from the Dominican Republic at another court at 290 Broadway, both in Lower Manhattan. The arrests continued on Monday, when ICE agents detained a third man, originally from Guatemala, at 290 Broadway.
In legal filings challenging the detentions of the men taken Thursday, advocates with the nonprofit Make the Road New York accused ICE of not only violating their clients’ right to due process, but also of brazenly flouting a federal court order.
The judge’s order barred ICE from making arrests at Manhattan immigration courts in all but a narrow handful of exceptions, while a similar ruling issued on June 23 from a federal court in California applies nationwide.
By detaining the men at court on Thursday, ICE appears to be directly contravening the New York order without yet providing a justification, according to Rep. Dan Goldman, D-N.Y.
“ICE continues to flagrantly violate the law by arresting immigrants who are attending their mandatory court hearings, despite a court order mandating an end to courthouse arrests,” Goldman said in a statement to The Intercept, adding that his office was working to get the men released.
ICE appears to be acting outside the law, according to Murad Awawdeh, the head of the advocacy group New York Immigration Coalition.
“We’re witnessing ICE, yet again, operate in a lawless and rogue fashion and not following court orders.”
“We’re witnessing ICE, yet again, operate in a lawless and rogue fashion and not following court orders,” Awawdeh said. “We’re supposedly a nation under the rule of law, and our judicial branch has said that this agency must stop engaging in this lawless behavior, and they continue to do so.”
In its habeas corpus filings, lawyers from Make the Road demanded that the two men arrested Thursday be released and allowed to continue navigating the immigration process.
In a statement to The Intercept, a spokesperson for ICE denied that the agency had violated any court order. The spokesperson did not explain how the arrests fit into the exceptions to the ban on courthouse arrests put in place by the federal judge.
No Exceptions
From May 18 until last week, just two arrests had taken place at Manhattan immigration courts; in both cases, the detainees were swiftly released after lawyers and immigrant rights groups mobilized to invoke the federal judge’s order.
That has not been the case for the men arrested on Thursday and Monday. All three men have since been transferred to detention centers, according to ICE records.
The Dominican man arrested Thursday is currently being held at ICE’s Delaney Hall detention facility in Newark, New Jersey, while the Ecuadorian man arrested the same day is being held at the D. Ray James ICE Processing Center in Folkston, Georgia. The Guatemalan man arrested on Monday is being held at the Orange County Detention Facility in upstate New York. (The Intercept is withholding the detained men’s names because of the sensitive nature of their cases.)
The arrests appeared to end a brief period of calm at Manhattan immigration courts in the wake of the May 18 ruling by Judge Kevin Castel requiring ICE to revert to a policy put in place in 2021. The Biden-era policy allowed for courthouse arrests with prior authorization in only a handful of instances, including when a person might pose a threat to national security or to public safety — narrowly defined as cases in which agents are in direct pursuit of a subject or if it would not be possible to make the arrest in another location.
In their statement, the ICE spokesperson pointed to a conviction for trespassing on the part of the Dominican man and a 2025 conviction for disorderly conduct on the part of the Ecuadorian man.
One immigration lawyer said the courthouse arrests were part of a growing pattern of increased ICE detentions.
“For whatever reason, that order is essentially being disregarded, and we’ve seen a pretty significant uptick in detentions,” said Benjamin Remy, senior coordinating attorney at the immigration protection unit of the New York Legal Assistance Group.
In the year and a half since President Trump returned to office and unleashed the agency as part of his mass deportation agenda, ICE has repeatedly been found in violation of orders around the detention of immigrants. The alleged violations have been ramping up in recent months, according to advocates and court records.
“We’ve seen ICE have a fairly flexible and adaptive relationship when it comes to the truth and the facts,” Remy said, “and to complying with court orders and frankly to rule of law as a fundamental concept.”
An Impossible Bind
Beginning in May 2025 and continuing for almost exactly a year, ICE arrests at 26 Federal Plaza, 290 Broadway, and another immigration court at 201 Varick Street were commonplace, with hundreds of people swept up by masked ICE agents when they showed up for scheduled hearings. According to an analysis published last August by The City Reporter, a local news site, more than half of courthouse arrests nationwide were taking place in New York.
Like the overwhelming majority of people arrested in immigration courts over the past year, the men arrested over the past week were following demands made of them by the immigration system.
Both men arrested last week had fled home due to persecution, entered the U.S., and been detained before obtaining release as their cases proceeded, according to petitions filed on their behalf by Make the Road New York. When summoned to court, both showed up as instructed.
ICE has repeatedly defended the arrests as legitimate. Immigration advocates, however, have warned that it puts immigrants in an impossible bind, forcing them to decide between risking arrest by following the law and showing up to court, or losing any chance of lawfully remaining in the country by skipping a hearing.
“It is not uncommon for me to encounter folks walking into court in the morning already just sobbing,” Remy told The Intercept. “These arrests are discouraging the legal process. It’s discouraging people’s fundamental constitutional right to due process and to be able to have their day in court.”

















