USA26 March, 20262 min read
DOJ Admits Relying on May 2025 ICE Memo to Justify Immigration-Court Arrests, Withdraws Briefs
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DOJ admitted it improperly relied on an ICE memo to justify immigration-court arrests. The ICE memo cited did not apply to immigration-court arrests.
DOJ memo admission
DOJ admitted it relied on a May 2025 ICE memo to justify arrests at immigration courts, prompting a federal judge to receive a correction in court filings.
In a letter to Judge Kevin Castel, U.S. Attorney Jay Clayton described the filing as a material mistaken statement of fact and said the memo does not apply to civil immigration enforcement actions near immigration courts.
The department said it would withdraw portions of its briefs and statements that relied on the guidance.
Civil rights groups said the admission has far-reaching implications for people detained at courthouses and for the ongoing challenge to mass arrests at immigration hearings.
Scope of May 2025 memo
The memo was described as addressing enforcement actions in or around courthouses, not immigration courts specifically. ICE officials reportedly told the DOJ that the May 2025 guidance does not authorize civil immigration enforcement actions in or near immigration courts.
Immigration courts fall under the DOJ's jurisdiction, while the memorandum's scope is courthouse enforcement more broadly. Filings and arguments that relied on the memo are being reconsidered and withdrawn.
Civil rights reactions
The NYCLU and ACLU described the development as having far-reaching implications. The NY Daily News notes thousands of migrants have been ambushed by masked ICE agents at 26 Federal Plaza and detained far from their communities.
Yeni Safak English reports civil rights groups are worried the admission undermines due process. Newsweek highlights observers labeling the development as a bombshell that demands broader scrutiny and action.
Procedural steps and court process
The DOJ said it will retract portions of briefs and statements from last September that relied on the guidance. The NYCLU noted that the admissions raise questions about the government's justification for mass arrests.
Newsweek notes the admission followed a judge's denial of relief requests. The case remains ongoing with further litigation to follow.
Arrests context and practice
CNN recalls that last year the Trump administration began detaining migrants in courthouse hallways, sometimes minutes after pleading their cases. The New York Daily News describes thousands of migrants ambushed by ICE at 26 Federal Plaza and detained in facilities hundreds of miles away. Newsweek reports hundreds of people showing up for hearings on their immigration applications who were detained by federal agents.
Yeni Safak English frames the practice as undermining due process. Mezha.net notes the case drew nationwide attention as immigrants appeared for hearings under the current system.
