DOJ Admits Using Incorrect Information to Defend ICE Courthouse Arrests

The Department of Justice (DOJ) has acknowledged using incorrect information to defend arrests made by Immigration and Customs Enforcement (ICE) at immigration courthouses. This admission was made in a letter to U.S. District Judge P. Kevin Castel of New York City, as part of a lawsuit filed by immigrant advocacy organizations African Communities Together and The Door.

Key Details of the Admission

The DOJ stated that a May 2025 ICE memo, which had been cited in court to justify courthouse arrests, does not apply to immigration courts. The original memo permits ICE agents to conduct "civil immigration enforcement actions in or near courthouses" if they have credible information about a targeted individual's presence.

During the Trump administration, numerous individuals were arrested at immigration courts as part of broader immigration enforcement policies.

DOJ's Stance and Blame

The DOJ expressed regret for the error and attributed the mistake directly to ICE. DOJ lawyers stated they were informed by ICE that the 2025 guidance applied to immigration courthouse arrests and that ICE counsel approved all briefs and oral representations made to the court and plaintiffs.

They also informed Judge Castel that a letter had been sent to ICE agents clarifying the correct policy and information.

ACLU's Response and Implications

The ACLU of New York, representing the plaintiffs, stated in a court filing that:

"the implications of this development are far reaching."

The ACLU's letter indicated that the government had used the memo's guidance for months to arrest both legal and undocumented immigrants, often resulting in their detention far from their locations. Amy Belsher, the New York ACLU's director of immigrants' rights litigation, commented on the gravity of the situation:

The DOJ's admission represents "another example of ICE's brazen disregard for the lives of immigrants in this country."

Department of Homeland Security Position

A spokesperson for the Department of Homeland Security (DHS) stated that there is no change in policy, indicating that arrests of individuals at immigration courts following proceedings would continue. The DHS statement asserted:

"Nothing prohibits arresting a lawbreaker where you find them."

Judge Castel has not yet responded to this development. The impact of this admission on individuals detained under the erroneous policy, many of whom may have been deported, remains unclear.