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The Justice Department this week acknowledged it made a “material mistaken statement of fact” in federal court by incorrectly citing an Immigration and Customs Enforcement memo to justify arrests at immigration courthouses.
In a letter filed Tuesday, government lawyers told U.S. District Judge Kevin Castel that a May 2025 ICE policy memo applies to most courthouses but does not cover federal immigration courts, where agents have carried out arrests over the past year.
The attorneys said the memo had been mistakenly cited during months of litigation challenging the arrests, attributing the error to a “regrettable” mistake by an agency lawyer.
“We deeply regret that this error has come to light at this late stage,” Justice Department attorneys wrote, noting the court and both sides had already devoted significant time and resources to the case.
Legal challenge to courthouse arrests
The case stems from a lawsuit filed by advocacy groups, including the New York Civil Liberties Union, challenging ICE’s practice of arresting migrants inside immigration courts, which are overseen by the Justice Department.
Critics argue the policy discourages immigrants from attending required hearings and undermines due process. The arrests are part of a broader immigration enforcement push under Donald Trump.
In September, Castel largely denied the groups’ request to block the practice, relying in part on the ICE memo now acknowledged to have been misapplied.
Justice Department lawyers said the error does not undermine their broader legal arguments defending the arrests.
DHS defends policy
The Department of Homeland Security, which oversees ICE, said Thursday that enforcement practices would continue unchanged.
“There is no change in policy,” the department said in a statement. “We will continue to arrest illegal aliens at immigration courts following their proceedings.”
Officials added that arrests after court hearings are a practical enforcement step and remain legally permissible.
Judge orders records preserved
Castel on Thursday ordered the Justice Department to preserve all documents related to the case and the May 2025 memo, including communications between agency lawyers and ICE.
Advocates said the government’s admission could have significant implications.
“In the months since the Court relied on the government’s representation … defendants have continued arresting noncitizens at their immigration court hearings,” the New York Civil Liberties Union said in a court filing.
Wider context of immigration enforcement
Arrests at immigration courthouses have increased nationwide during the Trump administration, with plainclothes agents often detaining individuals after their hearings conclude.
In many cases, judges grant government motions to dismiss deportation proceedings before ICE officers take individuals into custody, placing them into expedited removal.
A CBS News analysis last year found that immigration courts in Manhattan recorded the highest number of such arrests among major U.S. cities.
Immigration courts operate under the Executive Office for Immigration Review, a Justice Department office that gives the attorney general broad authority over hiring and case decisions.
Since the start of the administration, roughly 100 immigration judges have been dismissed nationwide, with many others retiring or resigning.
