Justice Department Admits Error in ICE Memo Justifying Immigration Court Arrests

The Justice Department (DOJ) has acknowledged in a recent court filing that it erroneously relied on an Immigration and Customs Enforcement (ICE) memo to justify arrests at immigration courts. This admission comes as part of an ongoing lawsuit initiated by civil rights groups challenging the Trump administration's policy of detaining immigrants during their court hearings. The memo in question, titled “2025 ICE Guidance,” was cited by federal prosecutors to defend the deployment of ICE agents at courthouses, which has resulted in numerous arrests of immigrants attending mandated hearings.

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In a letter to U.S. District Judge Kevin Castel, Jay Clayton, the U.S. Attorney for the Southern District of New York, stated that the DOJ had made a "material mistaken statement of fact" regarding the applicability of the ICE memo. The DOJ clarified that the guidance does not pertain to civil immigration enforcement actions at immigration courts, which fall under the jurisdiction of the Justice Department. This revelation prompted the DOJ to withdraw parts of its previous briefs and oral arguments that relied on the ICE memo.

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The implications of this error are significant, according to the New York Civil Liberties Union (NYCLU) and the American Civil Liberties Union (ACLU), both of which are involved in the lawsuit. They expressed that the DOJ's admission could have far-reaching consequences, particularly since the court had previously denied the plaintiffs' request for preliminary relief based on the government's misrepresentations. The groups noted that the continued arrests of noncitizens at immigration court hearings have led to their detention, often in facilities located hundreds of miles away from their homes.

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The practice of arresting immigrants at immigration courts has drawn widespread criticism. For instance, in May, Dylan Contreras, a 20-year-old public school student from New York City, was detained after attending a routine hearing. Contreras, who was pursuing a green card after arriving from Venezuela, was released after ten months in custody. His case exemplifies the concerns raised by advocates who argue that such tactics transform immigration courts into environments of fear rather than places of due process.

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The DOJ expressed regret over the error, stating, “We deeply regret that this error has come to light at this late stage, after the parties have expended significant resources and time to litigate this case.” The department also indicated that it would need to reconsider and re-brief the court on the plaintiffs’ claims against ICE under the Administrative Procedure Act.

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• “It is yet again another example of ICE’s brazen disregard for the lives of immigrants in this country,” — Amy Belsher, New York Civil Liberties Union Attorney

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• “We write respectfully and regrettably to correct a material mistaken statement of fact that the Government made to the Court and Plaintiffs,” — Jay Clayton, U.S. Attorney for the Southern District of New York

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• “implications of this development are far-reaching.” — NYCLU and ACLU Statement

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As the case progresses, the court will need to address the implications of the DOJ's admission and the ongoing practice of ICE arrests at immigration courts. The plaintiffs' claims will be re-evaluated, and further legal arguments will be presented to determine the future of ICE's courthouse enforcement tactics.

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