Justice Department lawyers recently revealed that they relied on incorrect information while defending arrests by Immigration and Customs Enforcement (ICE) at immigration courthouses. This admission came in a letter to U.S. District Judge P. Kevin Castel in New York City.
The DOJ acknowledged that a memo from May 2025, which they used in court, does not actually apply to immigration courts. The memo suggested that ICE could conduct enforcement actions at courthouses if they had credible information that a targeted individual might be present. However, the DOJ clarified that this guidance “does not and has never applied” to immigration court settings.
This issue arose during a lawsuit filed by two immigrant advocacy groups, African Communities Together and The Door. They argued that the government’s use of this memo had led to the arrest of many individuals, including both legal and undocumented immigrants, often resulting in detentions far from their homes.
“The implications of this development are far-reaching,” the ACLU of New York stated. They emphasized the serious consequences of using flawed guidance, which has led to the wrongful arrests of many immigrants. According to Amy Belsher, the ACLU’s director of immigration rights litigation, this further showcases ICE’s reckless treatment of immigrant lives.
The DOJ expressed regret for the confusion, attributing the error to ICE’s misinformation. They indicated they would be reminding ICE agents of the correct policies. Despite this admission, a spokesperson for the Department of Homeland Security (DHS) maintained that there would be no policy changes. They stated that ICE would continue making arrests at immigration courts.
With this recent revelation, many are wondering how it will affect those who were detained and potentially deported under the policy. While the legal landscape is shifting, the debate over enforcement practices in immigration continues, reflecting broader discussions about immigrants’ rights.
In the wake of similar issues, advocates argue for better communication and training within ICE to prevent further misunderstandings. The discussion around immigration enforcement in courthouses is not just a legal matter; it’s about the lives of individuals who often find themselves caught in a complex system.
For more details on these developments, check out the original court documents or the implications discussed by the ACLU.

