ICE Arrests at Manhattan Immigration Courts: What the Federal Court Ordered
Immigration courts: Broadway Immigration Court, New York Immigration Court · New York Immigration Courts
On July 31, 2026, the government filed a sworn declaration explaining how U.S. Immigration and Customs Enforcement (ICE) decides whether to arrest people at the immigration courts in Manhattan. It was filed in African Communities Together v. Lyons, No. 25-cv-6366 (PKC), in the U.S. District Court for the Southern District of New York, because Judge P. Kevin Castel had ordered it on July 16, 2026. In the declaration, an ICE official states that as of July 28, 2026, ICE's New York field office assesses case by case whether a safe place to make the arrest exists outside the immigration court.
This is general information, not legal advice. The sources are the court's order of July 16, 2026 (ECF No. 108) (opens in new tab) and the declaration filed July 31, 2026 (ECF No. 109-1) (opens in new tab). This case is about ICE's arrest practice at the courthouses. It does not change how the immigration courts hear cases.
The May 18 stay, as the July 16 order describes it
The July 16 order says that on May 18, 2026, the court stayed two ICE documents: the January 21, 2025 interim guidance and the May 27, 2025 final guidance. The stay covered them only to the extent that they rescinded ICE's April 27, 2021 courthouse-arrest guidance (the "April 2021 Policy"), and only as applied to immigration courthouses in Manhattan. In the order's words, the ruling "effectively reinstated" the April 2021 Policy as the policy governing arrests in or near those courts.
As quoted in the order, the April 2021 Policy allows a courthouse arrest in hot pursuit of someone who poses a threat to public safety. Otherwise, the person must still pose a threat to public safety, and:
- the arrest must be necessary there because a safe alternative location "does not exist or would be too difficult to achieve the enforcement action at such a location"; and
- the arrest must be approved in advance by a Field Office Director.
What the July 16, 2026 order decided
On June 29, 2026, the plaintiffs' lawyers told the court they had learned of five courthouse arrests at Manhattan immigration courts since the May 18 order.
Judge Castel denied the broad discovery request without prejudice, calling it overbroad. But he found one "area of concern." An earlier ICE declaration, the order said, was unclear and "could be read" to mean that ICE categorically treats immigration courts as the safest place to arrest. The court ordered the government to file, within 14 days, a declaration describing its practices, identifying and explaining any deviation from the April 2021 Policy, and stating any corrective action.
What ICE's July 31, 2026 declaration says
Vanessa Collado, Acting Assistant Field Office Director of ICE Enforcement and Removal Operations (ERO) in New York, states:
- Four arrests between June 8 and June 29, 2026, at 26 Federal Plaza and 290 Broadway, had advance approval from the Field Office Director.
- The arrest of a person identified as "V.C." on the morning of May 19, 2026 did not have advance individualized approval. The declaration says officers were acting under an earlier general approval and "had not yet received guidance regarding additional approval requirements."
- Before July 28, 2026, ERO made immigration-court arrests after determining that the courts were the safest locations. As of July 28, 2026, ERO says it conducts individualized assessments of safe alternative arrest locations under the April 2021 Policy.
As of this writing, the government's July 31, 2026 filing is the latest entry we could verify on the public docket. We found no later court ruling on these arrests.
What to do if you have a hearing in Manhattan
These filings do not cancel or postpone any immigration court hearing, and they do not change anyone's duty to appear. As a former Immigration Judge would tell you:
- Go to every hearing. If you miss it, the judge can order you removed in absentia (in your absence) under INA 240(b)(5) (opens in new tab) (8 U.S.C. 1229a(b)(5)). See how removal proceedings work.
- Check your hearing date, time and courtroom on EOIR's Automated Case Information (opens in new tab) portal. Manhattan has more than one court; confirm the address, such as the New York (26 Federal Plaza) court or the Broadway court at 290 Broadway.
- Keep your address current. If you move, file Form EOIR-33 with the court. Hearing notices go to the address on file.
- Talk to a lawyer before your hearing, not after. If a family member is detained, read about bond hearings.
For the bigger picture, see our removal proceedings guide. To speak with our team, contact us.
Frequently asked questions
Can ICE still arrest people at Manhattan immigration courts?
According to the July 16, 2026 order, the April 2021 Policy governs arrests at Manhattan immigration courthouses. It allows them for people who pose a threat to public safety, with advance Field Office Director approval, when no safe alternative location exists or one would be too difficult.
Should I skip my hearing?
No. Missing a hearing can lead to a removal order in absentia. Check your case on EOIR's portal, attend, and speak with a lawyer beforehand.
Did the court find that ICE violated its order?
The July 16 order did not decide that. It required a sworn explanation, which the government filed on July 31, 2026. We found no later ruling on the docket.
This article is general legal information about a pending federal case, not legal advice, and does not create an attorney–client relationship. Court orders can change; read the court's July 16, 2026 order (opens in new tab) and consult a qualified attorney about your specific situation.
Related service: Immigration appeals lawyer