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Judge Claims Arresting Illegal Aliens Anywhere is “Arbitrary and Capricious”
Front Page Magazine ^ | 10/05/2026 | Daniel Greenfield

Posted on 10/05/2026 3:58:12 AM PDT by DFG

I’ve already written volumes about the lawfare abuses of the Administrative Procedures Act, which was meant by FDR to restrain the massive bureaucracy he had brought into being, and which in the Trump era was reinvented as a blank check for any leftist group looking for a leftist judge to block anything and everything that the Trump administration might be doing.

And so any federal judge could ‘arbitrarily and capriciously’ decide that an administration action that he or she doesn’t likely is ‘arbitrary and capricious’ and block it because it doesn’t have a reason that the judge likes. This effectively makes the judge into the new president.

But this takes the ‘arbitrary and capricious’ cake. And the capricious topping too.

A federal judge granted summary judgment on Thursday to migrant rights groups who sued Immigration and Customs Enforcement over the agency’s controversial arrests at immigration courthouses.

U.S. District Judge P. Kevin Castel already blocked ICE from making these scrutinized arrests in New York City, barring limited circumstances. But in his new 36-page order, he finds the practice was wholly arbitrary and capricious under the Administrative Procedure Act.

Castel added: “The court rejects defendants’ argument that an arrest policy, or absence of an arrest policy, is beyond judicial review because the place of an arrest is left entirely to the discretion of the agency.”

Law enforcement personnel can and should be able to arrest criminals any place that they are to be found. It’s only ‘arbitrary’ in the sense that the criminal can be found there. There’s nothing ‘capricious’ about it if the criminal deserves to be arrested.

Judge Castel has invented an entirely new right for criminals to only be arrested in the places that pro-crime activists and pro-illegal activists think that they should be arrested… which happens to be nowhere. And he’s done it by once again abusing the APA which was never meant to restrain law enforcement from arresting criminals anywhere and everywhere.


TOPICS: Conspiracy
KEYWORDS: danielgreenfield; greenfield; judgeblockstrump; kevincastel; pkevincastel; sultanknish; unfitforthebench
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1 posted on 10/05/2026 3:58:12 AM PDT by DFG
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To: DFG

Okay Judge Kramer. Your fly is open.


2 posted on 10/05/2026 4:02:58 AM PDT by KingLudd
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To: DFG; 100American; 21twelve; 2nd amendment mama; A Conservative Thinker; Absolutely Nobama; ...
Daniel Greenfield, a Shillman Journalism Fellow at the David Horowitz Freedom Center, is a New York writer focusing on radical Islam and leftism.

Judge Castel has invented an entirely new right for criminals to only be arrested in the places that pro-crime activists and pro-illegal activists think that they should be arrested… which happens to be nowhere. And he’s done it by once again abusing the APA which was never meant to restrain law enforcement from arresting criminals anywhere and everywhere.

Wow, shades of the "abortion law", made up out of whole cloth. An excellent Mr Greenfield article!

Ping out to the Daniel Greenfield Ping! list.

As always, please FReepmail me if you want on or off the esteemed Daniel Greenfield ping list.

Daniel Greenfield's website: The Sultan Knish blog

3 posted on 10/05/2026 4:23:17 AM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: DFG

Arbitricious?? Is there or is there not a law about entering the U.S. without permission? In other words, let’s say “illegally”.


4 posted on 10/05/2026 4:28:24 AM PDT by oldtech (oltech)
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To: DFG

“Arbitrary” — definitely, considering it’s the law.

“Capricious” — the judge never had a “Word Of The Day” calendar, or a dictionary. OR a thesaurus.


5 posted on 10/05/2026 4:45:00 AM PDT by MayflowerMadam (In the end, we will remember not the words of our enemies, but the silence of our friends.)
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To: texas booster

Ultra-liberal lawyers are a cancer on the Republic.


6 posted on 10/05/2026 4:46:37 AM PDT by neverevergiveup
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To: DFG

• No Nationwide Injunctions: The U.S. Supreme Court restricted individual federal district judges from issuing universal or nationwide injunctions, limiting court remedies strictly to the parties involved in the specific litigation.

• Case and Controversy Requirement: Under Article III of the Constitution, federal judges can only decide actual active cases or controversies rather than issuing advisory opinions or overriding laws outside a formal legal dispute


7 posted on 10/05/2026 4:57:34 AM PDT by Vaduz (NEVER TRUST A DEMOCRAT)
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To: DFG

These anti-MAGA activist judges are more like nasty-assed wizards with an axe to grind. They’re holed up down in their labs coming up with the next big thing. How much do we really know about what they do in there?


8 posted on 10/05/2026 4:58:48 AM PDT by equaviator (Nobody's perfect. That's why they put pencils on erasers!)
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To: neverevergiveup

Along with women voters.


9 posted on 10/05/2026 5:00:53 AM PDT by Resolute Conservative
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To: DFG

Comedian Ron White also claimed his first DWI was bogus because the were stopping everyone who was driving down the sidewalk.

EC


10 posted on 10/05/2026 5:03:25 AM PDT by Ex-Con777 ("Journalism is about covering important stories-with a pillow, until they stop moving." ~ David Burg)
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To: DFG
U.S. District Judge P. Kevin Castel is a G. W. Bush appointee.
Bushies suck the big one.
11 posted on 10/05/2026 5:04:59 AM PDT by Dr. Franklin ("A republic, if you can keep it.")
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To: Dr. Franklin

“ U.S. District Judge P. Kevin Castel is a G. W. Bush appointee.
Bushies suck the big one.”

Realizing it is a Judge and this decision likely gets overturned, but it is a Bush appointee.

Not a day goes by without the Bush wing’s policies and actions, like judicial appointments, adversely affecting our lives. That wing of the Party is for nothing more that managing the decline of this country. They differ from the democrats only on the rate of decline.

And here is the punch line. They hope to blame the impending midterm defeat on America First and will make the usual pitch that they are the answer. (never minding that they have done everything they can to sabotage this election).

Can’t wait to see their 2028 candidate. Chris Christie 2028!!!


12 posted on 10/05/2026 5:59:28 AM PDT by FlipWilson
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To: DFG

ICE should start hiring Canadians and put them to work saving Canada


13 posted on 10/05/2026 6:01:09 AM PDT by butlerweave (Fateh)
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To: DFG

Ignore his order.

Dare him to do something about it

L


14 posted on 10/05/2026 7:02:17 AM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: KingLudd

Replace Kramer immediately he has become anti American.


15 posted on 10/05/2026 7:09:18 AM PDT by chopperk (,)
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To: DFG

Sounds like this ‘judge’ doesn’t uphold the law-


16 posted on 10/05/2026 7:14:40 AM PDT by Bob434 (Time flies like an arrow, Fruit flies like a banana)
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To: texas booster

We have a serius rogue judge situation in this country.


17 posted on 10/05/2026 7:22:30 AM PDT by little jeremiah (The only way is the military)
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To: neverevergiveup

Seems like some of these judges belong in the same category as Mulims. Maybe some of them are.


18 posted on 10/05/2026 4:50:45 PM PDT by oldtech (oltech)
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