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

DOJ will withdraw court briefs citing a misapplied 2025 ICE memo used for over a year to justify immigrant arrests at immigration hearings, affecting hundreds 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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39 Articles

Lean Left

Donald Trump's Department of Justice has acknowledged before a judge that it used an incorrect argument to defend the arrests of immigrants in courts, a central practice in its recent immigration strategy and that it has been harshly questioned by civil rights organizations. The admission, presented last Tuesday in a federal court in New York, is a direct blow to the legal defense of the Republican Administration in a case that examines the dete…

·Spain
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ICE will go to trial next May for the conditions in which it holds immigrants at its headquarters in New York, who have been described as “inhuman” by activists. The trial, which will begin on 26 May before Judge Lewis Kaplan of the federal court for the South District of New York, is in response to a lawsuit filed last August by the NGO Make The Road, the Civil Liberties Union and the firm Wang Hecker, who claim that the immigrants were detaine…

·Washington, United States
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The City broke the news in on Wednesday, March 25, 2026.
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