On May 18, a federal judge in New York decided to prohibit Immigration and Customs Enforcement (ICE) agents from make arrests in or around immigration courts.
The recent judicial decision also represents a question about the legal basis of the arrests carried out by immigration agents, in addition to reversing several previous failures.
Judge Kevin Castel issued the order in the Southern District of New York. Among his arguments, the magistrate stated that the policy used by the federal government to justify the arrests is based on a “misinterpretation” of the rules.
Specifically, the judge mentions that the authorities would have misinterpreted the internal guidelines of the Department of Homeland Security.
Castel’s recent decision, according to the EFE agency and other experts, constitutes an unexpected response, because previously the judge allowed these types of arrests to take place.
It was not until March, when the Donald Trump Government recognized that it made a mistake by applying the administrative guide incorrectly.
Detentions in or near immigration courts have been one of the most controversial practices and criticized by Donald Trump’s government.
Many migrants have been detained during routine hearings, prompting numerous complaints of the negative impact on the assistance that immigrants receive during their processes.
Many of the complaints, presented by civil organizations, argue that these detentions not only cause fear among migrants, but also affect access to due process.
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