United States: A federal judge blocks Trump's policy on arrests in immigration courts

A U.S. federal judge has struck down several key provisions of the Trump administration's immigration policy concerning arrests in immigration courts and the length of detention for those apprehended. This court ruling invalidates measures that had expanded the powers of federal authorities to detain non-citizens.

Judge P. Casey Pitts of the U.S. District Court for the Northern District of California ruled that the agencies involved, including Immigration and Customs Enforcement (ICE) and a Justice Department body, had acted in an "arbitrary and capricious" manner. His decision, issued Tuesday, calls into question several directives adopted under the Trump administration.

Among the measures struck down were rules allowing for expanded arrests in immigration courts, as well as the possibility of holding people in pretrial detention in cells for up to 72 hours. The judge also invalidated a related directive that removed previously imposed restrictions on such arrests.

In practice, the court decision reinstates some of the policies put in place under the Biden administration, which limited arrests in immigration courts to specific situations and more strictly regulated detention periods, capped at around 12 hours.

The case originated with the arrest of an asylum seeker as he left a routine hearing in San Francisco. This situation served as the basis for a broader legal challenge, culminating in a 71-page decision that calls into question fundamental elements of federal immigration policy.

This decision represents a significant legal setback for immigration authorities, in a context where immigration policies remain a highly sensitive issue in the United States. It also illustrates the persistent tensions between different approaches to border management and the treatment of migrants.

Federal authorities could still appeal this decision, while the debate over ICE's powers and the conditions of migrant detention continues to divide the American political class and the courts.