DOJ Admits It Misstated ICE Policy in New York Immigration Court Arrest Case
The Justice Department told a judge it mistakenly relied on a 2025 ICE memorandum to justify arrests at immigration courts, conceding the guidance "does not and has never applied to civil immigration enforcement actions in or near" those courts and blaming ICE for providing and approving the erroneous representations. DHS and ICE say policy hasn’t changed and they will continue courthouse arrests, while the ACLU and advocates say the misapplication helped justify arrests of legal and undocumented immigrants—hundreds have been detained under the broader crackdown and it remains unclear how DOJ’s admission will affect those already detained or deported.
📌 Key Facts
- The DOJ admitted it misstated ICE policy, reproducing DOJ language that the 2025 ICE guidance "does not and has never applied to civil immigration enforcement actions in or near" immigration courts, clarifying that immigration courts were outside the memo’s scope from the start.
- In a letter, the DOJ explicitly blamed ICE for the erroneous representations, saying DOJ attorneys were told by ICE that the 2025 guidance applied to immigration courthouses and that ICE counsel approved every brief and oral representation.
- A DHS spokesperson told NPR there is "no change in policy" and that ICE will "continue to arrest illegal aliens at immigration courts following their proceedings," asserting "nothing prohibits arresting a lawbreaker where you find them."
- The ACLU of New York, representing the plaintiffs, says the government relied on the misapplied guidance to justify arrests of both legal and undocumented immigrants, often placing them in detention facilities hundreds of miles away and calling the episode "another example of ICE's brazen disregard for the lives of immigrants."
- Hundreds of migrants have been arrested at immigration courts as part of President Trump’s broader crackdown, according to the reporting.
- It remains unclear how the DOJ’s admission that the guidance was misapplied will affect people already detained or deported following arrests at immigration courts.
📊 Relevant Data
The US immigration court backlog reached 3,318,099 cases at the end of February 2026, with many immigrants waiting years for hearings.
new court cases recorded so far in FY 2026 — TRAC Reports
Latinos accounted for 90% of ICE arrests in the first six months of 2025, while comprising an estimated 75-80% of the unauthorized immigrant population in the US during that period.
UCLA Report Finds Latino Arrests by ICE Have Skyrocketed Under the Trump Administration’s Second Term — UCLA Luskin School of Public Affairs
New York State's inflow of international immigrants dropped from 207,000 in 2023-2024 to 96,000 in 2024-2025, contributing to stagnant population growth.
As Immigration Slowed, New York's Population Hit a Wall in 2025 — Empire Center for Public Policy
At least 32 children entered foster care in 2025-2026 after their parents were detained or deported by ICE, with potential links to broader family separation trends.
Dozens of Kids Entered Foster Care After Immigration Agents Detained or Deported Their Parents — NOTUS
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- NPR reproduces key DOJ language that the 2025 ICE guidance 'does not and has never applied to civil immigration enforcement actions in or near' immigration courts, clarifying that immigration courts were outside the memo’s scope from the start.
- The DOJ letter explicitly blames ICE for the erroneous representations, saying DOJ attorneys were informed by ICE that the 2025 guidance applied to immigration courthouses and that ICE counsel approved every brief and oral representation.
- A DHS spokesperson tells NPR there is 'no change in policy' and that ICE will 'continue to arrest illegal aliens at immigration courts following their proceedings,' asserting 'nothing prohibits arresting a lawbreaker where you find them.'
- The ACLU of New York, representing the plaintiffs, says the government relied on the misapplied guidance to justify arrests of both legal and undocumented immigrants, often placing them in detention facilities hundreds of miles away, and calls the episode 'another example of ICE's brazen disregard for the lives of immigrants.'
- The article notes that hundreds of migrants have been arrested at immigration courts as part of President Trump’s broader crackdown, and that it remains unclear how DOJ’s admission will affect people already detained or deported.