DOJ says it erroneously relied on ICE memo to justify immigration courthouse arrests

DOJ says it erroneously relied on ICE memo to justify immigration courthouse arrests

NBC News nation

Key Points:

  • The Trump administration admitted in a court filing that it mistakenly relied on an ICE memo titled “2025 ICE Guidance” to justify arrests of immigrants at immigration courthouses, a tactic challenged by immigrant rights groups.
  • The Justice Department clarified that the memo never applied to civil immigration enforcement actions in or near immigration courts, contradicting earlier government arguments in the ongoing federal case.
  • Immigrant rights advocates called the admission a "shocking revelation," emphasizing that it highlights ICE’s unjustified practice of arresting immigrants attending court hearings.
  • The government acknowledged the error resulted from agency attorney mistakes and apologized to the presiding judge, Kevin Castel, noting that court rulings and briefs will need reconsideration and re-briefing.
  • Despite withdrawing reliance on the memo, the government maintained its position that ICE’s courthouse arrests do not violate any common-law privilege, while the tactic continues to face public criticism following high-profile detentions like that of Dylan Contreras.

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