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

March 26, 2026

TL;DR

The Justice Department admitted to incorrectly citing an ICE memo to justify arrests at immigration courthouses.
This oversight was called a 'material mistaken statement of fact' by Justice Department lawyers.
The government attorneys erroneously cited a May 2025 ICE memo that does not apply to federal immigration courts.
The admission was made in a letter to U.S. District Court Judge Kevin Castel during ongoing litigation.
Advocacy groups, represented by the New York Civil Liberties Union, are challenging ICE's practice of arresting individuals inside immigration courts.
The Department of Homeland Security stated that its policy on arresting individuals at immigration courts remains unchanged.
Judge Castel ordered the Justice Department to preserve all records related to the case and the ICE memo.
Immigration courts have been the site of arrests since the beginning of the Trump administration.

Continue reading the original article