Court Strikes Down ICE Immigration-Courthouse Arrest Policy Nationwide
Status: Decided — Pablo Sequen v. Albarran (N.D. Cal. No. 5:25-cv-06487 (Pitts, J.))
On June 23, 2026, U.S. District Judge P. Casey Pitts granted the plaintiffs partial summary judgment and ordered a nationwide vacatur under Section 706 of the Administrative Procedure Act (APA). The court found that ICE and the Executive Office for Immigration Review (EOIR) had abandoned long-standing limits on civil arrests at immigration courthouses, along with ICE's 12-hour cap on short-term holding, without the reasoned explanation the APA requires — making the policies arbitrary and capricious. Because the policies were nationwide agency actions, the court set them aside across the entire country rather than only in California. This is a final ruling on the merits, not a preliminary injunction.
Next step: Watch for a government appeal to the U.S. Court of Appeals for the Ninth Circuit and any request to pause (stay) the vacatur while an appeal proceeds; none was confirmed as of June 30, 2026.
Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.
What’s happening
On June 23, 2026, U.S. District Judge P. Casey Pitts granted the plaintiffs partial summary judgment and ordered a nationwide vacatur under Section 706 of the Administrative Procedure Act (APA). The court found that ICE and the Executive Office for Immigration Review (EOIR) had abandoned long-standing limits on civil arrests at immigration courthouses, along with ICE’s 12-hour cap on short-term holding, without the reasoned explanation the APA requires — making the policies arbitrary and capricious. Because the policies were nationwide agency actions, the court set them aside across the entire country rather than only in California. This is a final ruling on the merits, not a preliminary injunction.
Who it affects
People who attend hearings at immigration courthouses, and people held in ICE short-term holding rooms. The ruling restores the prior rules nationwide: civil immigration arrests in and around immigration courthouses are again barred except in limited circumstances, and ICE’s 12-hour cap on short-term detention is reinstated. It is a court ruling about agency procedure, not a change in immigration eligibility, and it can still be appealed.
How it got here
- Jul 31, 2025 ICE arrested lead plaintiff Carmen Aracely Pablo Sequen, a Guatemalan asylum seeker, as she left a hearing at the San Francisco immigration court.
- Nov 25, 2025 The court issued a preliminary injunction ordering ICE to fix unsafe conditions in its San Francisco short-term holding cells and provisionally certified the affected classes.
- Dec 24, 2025 The court granted a stay pausing the courthouse-arrest policy within ICE's San Francisco region, temporarily stopping arrests at Northern California immigration courthouses.
- Jan 29, 2026 Plaintiffs moved for summary judgment, asking the court to make the relief permanent and extend it nationwide.
- Jun 23, 2026 Judge Pitts granted partial summary judgment and vacated the courthouse-arrest policy and the hold-room detention-waiver policy nationwide as arbitrary and capricious under the APA.
What to watch next
Watch for a government appeal to the U.S. Court of Appeals for the Ninth Circuit and any request to pause (stay) the vacatur while an appeal proceeds; none was confirmed as of June 30, 2026.
Official sources
- aclunorcal.org
- aclunorcal.org
- aclunorcal.org
- courthousenews.com
- courthousenews.com
- jurist.org
- missionlocal.org
Related on MigrantUSA
This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.