DOJ Admits Error in ICE Courthouse Arrests

The Justice Department has admitted that it relied on erroneous information when defending Immigration and Customs Enforcement (ICE) arrests at immigration courthouses. In a letter to U.S. District Judge P. Kevin Castel of New York City, DOJ lawyers conceded that a 2025 ICE memo cited in court did not apply to immigration courts.

The admission came as part of a lawsuit brought by the immigrant advocacy organizations African Communities Together and The Door. According to NPR, the DOJ blamed ICE for the mistake, stating they were informed that the 2025 guidance applied to courthouse arrests. The ACLU of New York, representing the plaintiffs, said the error had far-reaching implications, as it led to the arrest and detention of both legal and undocumented immigrants.

The DOJ's letter was submitted in a federal court case stemming from a lawsuit challenging ICE's practice of carrying out arrests inside immigration courts. These arrests are part of President Trump's aggressive crackdown on illegal and legal migration. As reported by CBS News, Judge Castel has ordered the Justice Department to preserve all records related to the case and the May 2025 memo, including communications between department lawyers and ICE.

The DHS spokesperson said there is no change in policy, stating that they will continue to arrest illegal aliens at immigration courts following their proceedings. The New York Civil Liberties Union (NYCLU) responded by saying that the federal government's admission had 'far-reaching' consequences, as it resulted in the detention of noncitizens often hundreds of miles away from their homes.

Separately, a federal judge ruled on Friday that officials at Florida’s state-run immigration jail, dubbed “Alligator Alcatraz,” must give attorneys better access to their detained clients. The order by federal judge Sheri Polster Chappell required facility officials to provide access to confidential, private, free and unmonitored outgoing legal telephone calls from people detained in the facility. Attorneys are also allowed to make unannounced visits to see their clients, bypassing the facility’s pre-scheduling requirement.

The state of Florida opened the detention center in summer 2025 to detain undocumented immigrants caught within the state. Since its opening, the facility has faced severe criticisms of the treatment of detainees. Amnesty International reported in December that “people arbitrarily detained in ‘Alligator Alcatraz’ are being held in inhuman and unsanitary conditions.”