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That is far from clear. The facts are emerging slowly; so the sequence described below may ultimately be inaccurate… but, ICE agents interrupted a court hearing. The judge presiding over the hearing asked the agents to leave. When they returned, the subject whom the ICE officers were seeking had already left. Is there a law that compels a judge (or anyone, for that matter) to remand someone sought by ICE to their custody? I genuinely don’t know, but were I put in a similar situation I would not hand anyone over to ICE custody given their terrible human rights history. Laws be damned; they and the administration whom they represent are moral failures.
Let's talk about justice, too. Many people believe true justice transcends any particular instantiation of the law at any particular point in time. If so, advocating for the consistent application of all laws can only be truly just if the laws are just.
Look at present circumstances. Reporting has shown that Trump is doing extraordinary rendition: removing people without due process. And not bringing them home after admitting the mistake. Once this reality is factored in, where is the justice in consistently applying a law in order to extrajudicially render a person?
Clearly, the Trump administration has a double standard regarding the rule of law and the role of the judiciary.
Note: this comment surely needs another draft, but I'm running out of time. I welcome all criticism.
P.S. At the risk of surfacing even more complexity, even if a system were to consistently apply one set of criteria, such as ICE's authority to arrest, it is likely that other criteria apply; namely, allocating personnel in a way that best carries out their overall mission. It is my (educated) guess that practical concerns (such as resource limitations) is one of the reasons courts give administrative agencies considerable flexibility in what laws they enforce.
The American voters were never for this, always overwhelmingly against. It’s a non-partisan issue. Only big business and Democratic politicians benefit.
Then, when the new admin tries to remove illegal entrants, suddenly they care a lot about the law. Well, it was illegal for them to come, it’s legal to remove them. Due process only applies to citizens. There’s nothing more legal (and frankly popular with voters) than removing people who are here illegally. To import tens of millions without due process only to turn around and cry about needing it to remove them is the height of hypocrisy and also would be giving them de-facto citizenship, it would take years in court to process each one, where it takes only a couple days to cross the border.