Trump-Appointed Judge Rebukes ICE for Falsifying Records in Arrests
Judge Gary Brown, appointed by President Trump, condemns ICE for wrongful arrests and falsifying official records in civil immigration cases.

NASA/John Kraus/NASA
Judge Gary Brown, a Trump appointee serving in New York, has issued a strong rebuke of Immigration and Customs Enforcement (ICE) agents for arresting individuals erroneously, including at least one U.S. citizen, and subsequently falsifying official records to justify these detentions. The judge’s ruling highlights systemic problems within ICE’s enforcement approach and raises significant questions about accountability in civil immigration cases.
Details of the Rebuke and Case Findings
According to Judge Brown’s decision, ICE agents arrested two people mistakenly identified as undocumented immigrants as part of enforcement operations. One of those wrongfully detained was a U.S. citizen. Brown specifically condemned ICE for claiming “mistaken identity” after the arrests while simultaneously falsifying official records to cover up these errors. Politico journalist Kyle Cheney reported the judge’s remarks on X, quoting Brown stating that ICE agents “falsified official records.”
Brown criticized ICE’s broader tactics, noting that in “countless ICE habeas petitions” involving civil detentions, petitioners have been jailed due to officers confusing them with intended targets based on physical similarities such as height, weight, and descriptions. While courts had previously accepted ICE’s explanations based on sworn statements or counsel representations, Brown’s ruling required a deeper examination in these two recent non-criminal arrest cases.
Prior Criticism of ICE’s Enforcement Practices
This latest ruling is not the first time Judge Brown has publicly condemned ICE’s actions. In March, he sharply criticized ICE for detaining Honduran honors student Hester Asaf Garcia Lanza during a sweep, despite Garcia Lanza’s lawful Special Immigrant Juvenile (SIJ) status. Garcia Lanza, who entered the United States at age 9 and had worked legally for years, was subjected to removal proceedings in contradiction of his legal status. After the court ordered his release, ICE imposed unauthorized conditions and the Department of Homeland Security (DHS) levied a substantial fine.
In that decision, Brown described the agency’s conduct as “unimaginable cruelty” and argued, “This isn’t how things are supposed to work in America.” He further concluded, “The laws of human decency condemn such villainy.”
Trump-Appointed Judges Challenging the Administration
Judge Brown is among several Trump-appointed judges who have ruled against the Trump administration in high-profile cases. Others include U.S. Court of International Trade Judge Timothy Reif and U.S. District Judges Timothy J. Kelly, Karen Immergut, Thomas Cullen, Stephanie Gallagher, Fernando Rodriguez Jr., Trevor N. McFadden, and Mary S. McElroy. Despite their appointments by President Trump, these judges have often used strong language to criticize the administration’s legal actions.
As CNN’s Aaron Blake noted last year, GOP-appointed judges have ruled against the administration in over a dozen notable cases, frequently highlighting instances where Trump and his team appeared to violate the law.
Implications for ICE and Immigration Enforcement
Judge Brown’s ruling spotlights continuing challenges within ICE’s enforcement methods, particularly around due process in civil immigration detentions. The falsification of official records undermines public trust and raises concerns about systemic abuses. The decision calls attention to the need for greater oversight and accountability in immigration enforcement agencies.
While immigration remains a contentious issue under President Donald Trump’s administration, legal pushback from judges appointed by Trump himself signals ongoing tensions in how policies are implemented on the ground.
The court’s stern language and factual findings serve as a powerful reminder that even within politically aligned judicial appointments, the rule of law and human rights remain paramount.


