If you have an immigration court hearing, you may have heard reports about ICE arresting people after they leave court. A recent federal court decision is an important victory for immigrants and could affect how ICE carries out enforcement at immigration courthouses.
On June 23, 2026, a federal judge ruled that U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) violated federal law when they changed important immigration enforcement policies without properly explaining why. As a result, the court struck down those policies.
What Was the Case About?
For many years, ICE generally avoided making civil immigration arrests at courthouses except in limited situations involving public safety or national security.
The government recognized that arresting people at courthouses could discourage immigrants from attending their hearings, interfere with the court system, and make people afraid to seek justice.
In 2025, ICE changed its policy and expanded its authority to make immigration arrests at or near courthouses. Around the same time, EOIR also removed its own protections that had discouraged these arrests.
Many immigration attorneys and advocacy organizations argued that these changes made immigrants fearful of appearing in court, even when they were required to attend.
What Did the Judge Decide?
The judge ruled that ICE and EOIR did not follow the law when changing these policies.
Federal agencies are allowed to change their policies, but they must explain why they are making those changes—especially when they are reversing previous policies that were designed to protect the public.
The court found that ICE and EOIR failed to provide a reasonable explanation for abandoning their previous findings that courthouse arrests:
- Discourage people from attending court;
- Limit access to justice;
- Create safety concerns; and
- Interfere with the fair administration of immigration proceedings.
Because the agencies failed to follow the proper legal process, the court ruled that the policies violated the Administrative Procedure Act (APA) and vacated them.
The Court Also Blocked ICE’s 72-Hour Detention Policy
The decision also struck down another important ICE policy.
Previously, people arrested by ICE were generally supposed to remain in local ICE holding facilities for no more than 12 hours before being transferred elsewhere.
In 2025, ICE adopted a nationwide policy allowing people to remain in those short-term holding facilities for up to 72 hours.
The judge found that ICE failed to explain why facilities designed for short-term processing were suddenly appropriate for holding people for several days.
As a result, that policy was also struck down.
Does This Mean ICE Can No Longer Arrest People at Immigration Court?
Not necessarily.
The court did not rule that ICE can never make arrests at immigration courthouses.
Instead, the judge ruled that the government did not follow the proper legal process before changing its policies.
The federal government is expected to appeal this decision, so the legal battle is likely to continue.
What Should You Do If You Have Immigration Court?
If you have an upcoming immigration court hearing, do not skip your hearing because of this decision.
Missing your hearing can have serious immigration consequences, including an in absentia removal order.
Instead, speak with an experienced immigration attorney about your specific situation. Every case is different, and the best strategy depends on your individual circumstances.
Zambrano Law Is Here to Help
Immigration laws are changing quickly, and it can be difficult to keep up with new court decisions and government policies. Whether you have an upcoming immigration court hearing, are worried about ICE enforcement, or simply want to understand how this decision may affect you or your family, you do not have to face it alone.
At Zambrano Law, we proudly fight for immigrants every day. Our experienced attorneys represent clients in removal proceedings, asylum cases, family petitions, adjustment of status, waivers, bond hearings, federal court litigation, and many other immigration matters.
Every immigration case is unique, and getting trusted legal advice early can make all the difference.
If you or someone you love has questions about your immigration case, don’t wait. The sooner you understand your options, the better prepared you will be to protect your future.
Call Zambrano Law today at 770-870-6438 to schedule your consultation.
Our team is ready to listen, answer your questions, and fight for the best possible outcome for you and your family.
Your future is worth protecting. Let Zambrano Law stand by your side every step of the way.