ss its capacity issues,  which were at the root of the policy's implementation.

CBS News has reached out to the Department of Homeland Security for comment.

 When a judge sentences a defendant, the defendant is taken into custody. If an alien is ordered removed by an immigration judge, the same should happen,  DHS General Counsel James Percival wrote Tuesday night on X.  A district judge ordering otherwise is naked judicial activism in service of an anti-American, open borders agenda. 

Separately, a federal judge in New York ruled last month that federal agents can no longer make arrests at immigration courthouses in Manhattan.

U.S. District Judge P. Kevin Castel, the judge in the New York case, similarly found that the Trump administration's withdrawal of the prior limits on enforcement actions at immigration courts was  arbitrary and capricious.