DOJ Admits Error in Immigration Court Arrest Case, Withdraws Key Arguments
The U.S. Department of Justice told a federal judge it relied on incorrect federal guidance to defend a policy allowing immigration arrests at court hearings, according to a recent filing.
In a March 24 letter filed in federal court in New York, government attorneys said they made a material error when they told the court that a 2025 Immigration and Customs Enforcement memo supported arrests at immigration courts. The department now says that guidance does not apply to immigration courts and has withdrawn parts of its earlier legal arguments.
The filing is part of a lawsuit brought by advocacy groups challenging an enforcement approach introduced during the Trump administration. The complaint centers on arrests at immigration court hearings, where individuals appear as part of the legal process.
The government said the ICE memorandum covers enforcement actions at courthouses generally but does not apply to immigration courts. A later internal message to ICE personnel confirmed the guidance does not apply to immigration courts regardless of location.
Government attorneys said they would withdraw parts of their briefs and earlier statements that relied on the guidance, adding that prior filings and a court order were based in part on that representation.
The lawsuit challenges two related policies. One permits immigration officers to make arrests in or around courthouses, including at immigration proceedings. The other permits immigration judges to dismiss removal cases more quickly, in some instances without written filings or advance notice.
Civil rights groups argue the policies turn required court appearances into enforcement opportunities. According to the complaint, individuals who attend hearings may have their cases dismissed and then be taken into custody immediately after leaving the courtroom.
For years, federal agencies generally avoided civil immigration arrests at courthouses out of concern that such actions could discourage people from appearing in court. The new guidance broadened enforcement authority and allowed arrests based on wide categories, including individuals with prior removal orders or suspected immigration violations.
Separate guidance allowed immigration judges to accept dismissal requests made orally and decide them immediately, without the normal written filings or response timelines. Advocacy groups argue this removes basic legal protections that normally allow individuals to contest their removal or apply for relief such as asylum.
The complaint says the policies were adopted without following federal law. Under a statute known as the Administrative Procedure Act, courts may set aside agency actions that lack a clear explanation or conflict with federal law. The filing also claims the courthouse arrest approach breaks from prior practice without adequate justification and exceeds the government’s authority under immigration law.
It also raises constitutional concerns. The Fifth Amendment requires notice and a meaningful opportunity to respond before the government takes action affecting a person’s liberty. The complaint also points to a principle known as the Accardi doctrine, which requires agencies to follow their own rules, and says immigration authorities did not follow required procedures when allowing cases to be dismissed without standard safeguards.
Advocacy groups say arrests at immigration courts have led some people to avoid attending hearings altogether, risking automatic removal orders. Others who appear may be detained and transferred far from their communities, making it harder to continue their cases or access legal representation.
The Justice Department said the error regarding the ICE guidance does not change its position that courthouse arrests are lawful or its arguments supporting the dismissal policy. However, the government said the mistake may require the court to revisit earlier filings and allow additional briefing.
The case remains pending in the U.S. District Court for the Southern District of New York.
