{"id":45722,"date":"2025-12-23T12:12:52","date_gmt":"2025-12-23T20:12:52","guid":{"rendered":"https:\/\/occupysf.net\/?p=45722"},"modified":"2025-12-23T12:12:54","modified_gmt":"2025-12-23T20:12:54","slug":"judge-orders-end-to-courthouse-arrests-across-northern-california-for-now","status":"publish","type":"post","link":"http:\/\/occupysf.net\/index.php\/2025\/12\/23\/judge-orders-end-to-courthouse-arrests-across-northern-california-for-now\/","title":{"rendered":"Judge orders end to courthouse arrests across Northern California, for now\u00a0"},"content":{"rendered":"\n

Federal judge Casey Pitts cited risk of  \u2018irreparable harm\u2019 from ICE detention after immigration hearings <\/p>\n\n\n\n

\"Aby\u00a0Sage R\u00edos Mace<\/a><\/strong> December 22, 2025 (MissionLocal.org)<\/p>\n\n\n\n

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Hundreds of people gathered Aug. 26 outside of immigration court at 630 Sansome Sansome St. in San Francisco for a vigil honoring asylum-seekers who have been detained by ICE. Photo by Mariana Garcia.<\/figcaption><\/figure>\n\n\n\n

A federal judge on Friday ordered the Department of Homeland Security to pause immigration arrests at courthouses across Northern California and in Pacific islands, a ruling that could still be appealed by the Trump administration. <\/p>\n\n\n\n

Since May, Immigration and Customs Enforcement agents have arrested hundreds of people at routine check-ins and court hearings in San Francisco, Concord and other immigration courthouses across the state and country.<\/p>\n\n\n\n

The American Civil Liberties Union argued in a lawsuit that the widespread arrests have \u201ctorn apart families\u201d and \u201cinterfered with people\u2019s ability to access counsel and to pursue eligible claims for relief,\u201d meaning that it has hindered their ability to pursue asylum.<\/p>\n\n\n\n

\"Mission<\/figure>\n\n\n\n

Want the latest on the Mission and San Francisco? Sign up for our free daily newsletter<\/strong> below.Sign up<\/p>\n\n\n\n

The lawsuit, Garro Pinchi v. Noem<\/em><\/a>, filed by the ACLU and partner firms in October, argues that ICE arrested immigrants who pose no danger or flight risk, breaking from 40 years of past practice and violating their due process rights. <\/p>\n\n\n\n

\u201cIn May 2025, DHS officers began re-arresting and re-detaining noncitizens whom DHS had previously released \u2026 which has resulted in a staggering wave of arrests,\u201d Judge Casey Pitts wrote in a 67-page order<\/a>.<\/p>\n\n\n\n

Pitts found that the change in policy likely violated due process by detaining people who had already been released by the government \u201cwithout first making an individualized determination that the individual\u2019s material circumstances had changed, such that they posed a flight or security risk.\u201d<\/p>\n\n\n\n

\"Back<\/a><\/figure>\n\n\n\n

The \u201cdeprivation of physical liberty by detention\u201d and the \u201cdeprivation of constitutional rights\u201d caused \u201cirreparable\u201d harm, Pitts wrote. <\/p>\n\n\n\n

More so, the Department of Homeland Security did not provide a written explanation justifying its new practice, Pitts wrote. His ruling is meant to pause ICE\u2019s \u201cre-detention policy\u201d until there is a \u201cfinal judgement\u201d in the upcoming few months. <\/p>\n\n\n\n

Judge Pitts also granted class-action status to the suit, ensuring the ruling applies to all individuals affected by the policy in ICE\u2019s \u201cSan Francisco area of responsibility,\u201d which includes Northern and Central California, Hawai\u2019i, Guam and Saipan. <\/p>\n\n\n\n

\"Paxton<\/a><\/figure>\n\n\n\n

Since May, Mission Local <\/em>has tracked 129 courthouse arrests<\/a> at the two immigration courthouses in San Francisco. With these arrests, according to the lawsuit, DHS has \u201cdrastically overturned longstanding federal policies and practices \u2026 without any reasoned explanation.\u201d<\/p>\n\n\n\n

At a hearing<\/a> in early December before Judge Pitts, ACLU attorneys said ICE\u2019s practice of \u201cre-detaining\u201d immigrants \u2014 arresting those who are already in the process of applying for asylum \u2014 breaks from more than 40 years of precedent. <\/p>\n\n\n\n

At that December hearing, ACLU attorneys said the courthouse arrests had targeted those who were following protocol for asylum-seekers: They had entered the country to seek asylum, voluntarily turned themselves in to authorities, and had been subsequently released after being deemed not a threat. <\/p>\n\n\n\n

\"12\/15-12\/26\"\/<\/a><\/figure>\n\n\n\n

From that point, the asylum-seekers were required to attend regular ICE check-ins and court hearings. Nevertheless, the plaintiffs found themselves \u201cre-detained\u201d without any change in circumstances or explanation, said Bernwanger.<\/p>\n\n\n\n

Judge Pitts\u2019 order noted that the Department of Homeland Security \u201cstruggled to provide a consistent answer\u201d when asked to justify the arrests. <\/p>\n\n\n\n

\u201cThere is no evidence in the record that DHS offered a reasoned explanation for its changed approach at the time it began implementing the re-detention policy,\u201d Pitts wrote. \u201cThe natural conclusion is that no contemporaneous rationale existed. This alone makes the re-detention policy arbitrary and capricious.\u201d<\/p>\n\n\n\n

\"12\/19<\/a><\/figure>\n\n\n\n

A final ruling is expected in the coming months.<\/p>\n\n\n\n

\"Three<\/figure>\n\n\n\n

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Donate<\/a><\/p>\n\n\n\n

Latest on Immigration enforcement<\/mark><\/a><\/h2>\n\n\n\n
\"No<\/a><\/figure>\n\n\n\n

No sign ICE is improving conditions at S.F. immigrant holding cells, attorneys say<\/a><\/h3>\n\n\n\n
\"S.F.<\/a><\/figure>\n\n\n\n

S.F. fire dept. investigating lieutenant who said ICE should \u2018catch \u2018em all!\u2019<\/a><\/h3>\n\n\n\n
\"Hundreds<\/a><\/figure>\n\n\n\n

Hundreds of asylum-seekers may be sent to Honduras, Ecuador, Uganda following S.F. immigration ruling<\/a><\/a><\/h3>\n\n\n\n

Sage R\u00edos Mace<\/a><\/h2>\n\n\n\n

sage@missionlocal.com<\/a><\/p>\n\n\n\n

I’m covering immigration for Mission Local and got my start in journalism with El Tecolote. Most recently, I completed a long-term investigation for El Centro de Periodismo Investigativo in San Juan, PR and I am excited to see where journalism takes me next. Off the clock, I can be found rollerblading through Golden Gate Park or reading under the trees with my cat, Mano.More by Sage R\u00edos Mace<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Federal judge Casey Pitts cited risk of  \u2018irreparable harm\u2019 from ICE detention after immigration hearings  by\u00a0Sage R\u00edos Mace December 22, 2025 (MissionLocal.org) A federal judge on Friday ordered the Department of Homeland Security to pause immigration arrests at courthouses across Northern California and in Pacific islands, a ruling that could… Continue reading → <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/45722"}],"collection":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/comments?post=45722"}],"version-history":[{"count":1,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/45722\/revisions"}],"predecessor-version":[{"id":45723,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/45722\/revisions\/45723"}],"wp:attachment":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/media?parent=45722"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/categories?post=45722"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/tags?post=45722"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}