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Justice Department tells judge it incorrectly used ICE memo to justify immigration court arrests

The DOJ admitted a year-long error in relying on a May 2025 ICE memo that does not apply to immigration courts, affecting arrests of hundreds of immigrants nationwide.

  • In a court filing Tuesday, the Department of Justice conceded it incorrectly relied on a 2025 Immigration and Customs Enforcement memo to justify arrests at immigration courts, admitting the document never authorized such enforcement actions.
  • For over a year, ICE officials claimed a May 2025 memorandum authorized mass arrests at courthouses, a justification now revealed as false by U.S. Attorney Jay Clayton in a letter to District Judge Kevin Castel.
  • A lawsuit by the New York Civil Liberties Union brought this issue to light, challenging ICE's practice that critics argue transforms legal proceedings into zones of fear for immigrants.
  • Following the admission, the government will withdraw briefs and oral arguments from a September hearing, while attorneys for the plaintiffs described the development as 'hugely consequential' for their pending challenge.
  • Rep. Dan Goldman called for immediate investigations and a halt to courthouse arrests, citing the thousands of immigrants impacted by the practice over the past year.
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The City broke the news in on Wednesday, March 25, 2026.
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