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SDNY Judge Orders Release, Calls ICE Courthouse Arrests ‘Detention Roulette’

The ruling highlights a judiciary effort to rein in what judges call an aggressive ICE strategy of detaining immigrants as they leave court

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Overview

  • Judge Dale E. Ho found that ICE’s practice of arresting immigrants immediately after their immigration-court hearings violates the Fifth Amendment and ordered asylum seeker Carlos Javier Lopez Benitez released
  • Ho’s opinion characterizes the courthouse arrests as arbitrary “detention roulette,” citing an internal ICE memo that suggests millions could be swept up in the same campaign
  • The government told the court it could not confirm a formal policy but maintained its authority to categorically detain undocumented immigrants believed to have entered unlawfully
  • This decision is the latest in a series of federal court injunctions and appellate battles challenging expedited removals and courthouse arrests rolled out since May 2025
  • Advocates and some judges link the high-volume enforcement push to internal DHS and ICE directives, including alleged arrest quotas and bond-hearing restrictions, sparking ongoing due-process lawsuits