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

Key Points:

• The Justice Department admitted to a federal judge in New York that it incorrectly cited a May 2025 ICE memo to justify arrests at federal immigration courthouses, calling it a "material mistaken statement of fact."
• The ICE memo applies to most courthouses but not to federal immigration courts, where agents have been making arrests during hearings, a practice challenged by advocacy groups as punitive to those complying with immigration processes.
• Despite the error, the Justice Department maintains that it does not affect other legal arguments supporting immigration court arrests and asserts there is no change in policy, with DHS stating arrests will continue following immigration proceedings.
• U.S. District Court Judge Kevin Castel ordered the Justice Department to preserve all records related to the case and the ICE memo, as advocacy groups warn the government's admission could have significant consequences for those detained after courthouse arrests.
• Since the Trump administration, ICE agents have conducted arrests inside immigration courthouses nationwide, often leading to expedited removal, with Manhattan courts reportedly having the highest number of such arrests.