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