A federal judge has temporarily blocked ICE from re-arresting and re-detaining law-abiding immigrants in an order that recognizes the “extraordinary pace and scale of the change” in immigration enforcement.
Law.com reported that the 67-page court order granted a motion for a preliminary stay and provisionally certified a class of asylum seekers, concluding that plaintiffs are likely to succeed on their claims that the Trump administration’s abrupt shift in re-detention practices violates the Administrative Procedure Act and long-standing constitutional protections.
"While the extraordinary pace and scale of the change to [the Department of Homeland Security's] re-detention practices are clear, the reasons for it are not," wrote U.S. District Judge P. Casey Pitts. “And when initially asked by courts to articulate a rationale for its re-arrest of non-citizens absent changed circumstances, DHS struggled to provide a consistent answer.”
The case, Garro Pinchi v. Noem, began as a habeas petition on behalf of a Bay Area asylum seeker who was re-detained after appearing for her immigration court hearing and the complaint was later amended to represent a proposed class of asylum seekers.
Filed by Keker, Van Nest & Peters alongside the ACLU Foundation, the ACLU Foundation of Northern California, and Centro Legal de la Raza, the lawsuit challenges ICE’s new policy of arresting and re-detaining individuals at immigration court hearings and mandatory check-ins, despite the government having determined they posed no flight risk or danger to the public. The practice has been described as “incredibly traumatizing” and illegal. More than 100 immigrants in the San Francisco Bay Area have been re-detained since May 2025 despite full compliance with court appearances and supervision requirements.
Keker partner Erin Meyer said the judge saw the defense's argument as "entirely smoke and mirrors."
"And that, I think, is something that courts have said again and again: You can't avoid review under the Administrative Procedure Act simply by choosing not to write down the policies that you're making and that you're changing when you are in power," she said in the Law.com article. "… The judge recognized this is a huge sea change in immigration enforcement. People who would never have been detained … over the last 40 years are being swept up left and right and have been since May. … And the government has no explanation … for that change."
"And by and large, the evidence we submitted is that these people are law-abiding, are showing up to their immigration hearings, doing everything that's asked for them and still being snatched with absolutely no notice and taken away from their family. And I think that that resonated with the judge, and he made the right decision and granted the motion."
The judge’s order covers ICE’s San Francisco Area of Responsibility, which includes Northern California, Guam, Hawaii, and Saipan. The stay will remain in effect pending final resolution of the plaintiffs’ Administrative Procedure Act claims.
The Keker team includes Meyer, Julia Allen, Jacquie Andreano, Claire Bonelli, and Kayla Crowell.
Read the Law.com article here. (subscription required)
Reprinted with permission from the December 22, 2025, issue of Law.com © 2026 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or asset-and-logo-licensing@alm.com.
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