Federal prosecutors have acknowledged that the Justice Department erroneously relied on an Immigration and Customs Enforcement (ICE) memo to justify arrests at immigration courthouses, according to court filings. The memo, titled “2025 ICE Guidance,” was cited in legal arguments to defend the practice of detaining individuals after immigration court hearings, but the DOJ now states it does not apply to such arrests.
The revelation emerged in a lawsuit brought by civil rights groups, including the New York Civil Liberties Union (NYCLU), challenging ICE’s practice of arresting people as they leave immigration court hearings. The lawsuit argues that these arrests prevent individuals from pursuing legal status in the U.S. and have been part of broader efforts to increase detentions and deportations under the Trump administration.
Core Facts and Developments
The DOJ admitted in court filings that it misused the 2025 ICE Guidance memo to justify arrests at immigration courthouses. The memo, which authorizes enforcement actions near courthouses, does not apply to immigration courts.
The error was discovered after ICE lawyers informed federal prosecutors that the memo had never authorized arrests near immigration courts, despite previous claims to the contrary. The DOJ described the mistake as a “material mistaken statement of fact.”
Deeper Dive and Context
Legal and Policy Implications
The DOJ’s admission raises questions about the legality of ICE’s courthouse arrest practices, which have been criticized by immigrant rights advocates. The NYCLU and other plaintiffs argue that the arrests deter individuals from attending court hearings, undermining due process. The lawsuit seeks to halt these arrests while the case is resolved.
Government Response
The Department of Homeland Security (DHS), which oversees ICE, stated that there is no change in policy despite the DOJ’s admission. DHS affirmed that it will continue to conduct arrests at immigration courthouses, though it did not address the memo’s misapplication.
Impact on Ongoing Litigation
The DOJ’s filing was submitted in response to a lawsuit challenging the arrests, which a federal judge had largely denied in September 2023. The plaintiffs argue that the new revelation undermines the court’s previous ruling, which relied in part on the misinterpreted memo. The DOJ maintains that the error does not affect its other legal arguments supporting the arrests.
Broader Context
The arrests are part of the Trump administration’s broader immigration enforcement strategy, which has included increased detentions and deportations. Advocates say the practice punishes individuals who are complying with the immigration process by attending court hearings. The NYCLU and other groups have described the arrests as “ambushing” immigrants and disrupting their legal proceedings.
Key Quotes
- Amy Belsher, NYCLU attorney: "It is yet another example of ICE’s brazen disregard for the lives of immigrants in this country."
- DOJ filing: "We deeply regret that this error has come to light at this late stage."
The case is ongoing, and the DOJ’s admission could influence future legal arguments and enforcement practices.