The Digester
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Justice Department admits it misused ICE memo to defend arrests inside immigration courts

The Justice Department conceded to a federal judge that it wrongly cited an ICE May 2025 memo to justify courthouse arrests in litigation, even as Homeland Security says arrests at immigration courts will continue.

Mar 26th 2026 · United States

Insights

  • DOJ told a New York federal judge it incorrectly cited a May 2025 ICE memo in litigation over arrests at immigration hearings.
  • The department called the citation a material mistaken statement of fact caused by an agency attorney error.
  • DOJ said the ICE memo applies to most courthouses but does not cover federal immigration courts where arrests occurred.
  • Judge Kevin Castel previously relied in part on the memo when largely denying plaintiffs preliminary relief in September.
  • DHS said its policy is unchanged and ICE will continue arresting noncitizens at immigration courts after proceedings, while advocacy groups said the admission has far-reaching consequences.

Sources