ICE Lawyers Admit to Using False Information to Justify Detentions

Why this matters: These revelations undermine the legitimacy of ICE's actions and raise concerns about due process and the rights of immigrants. It also highlights the importance of oversight and accountability in immigration enforcement.

The admission by ICE lawyers comes in the midst of a lawsuit brought by the New York Civil Liberties Union (NYCLU) and other civil rights groups challenging ICE's practice of arresting individuals attending immigration court hearings. These arrests have prevented individuals from pursuing their legal cases and have instilled fear in immigrant communities.

The '2025 ICE Guidance' memo was cited as justification for these arrests, but the Justice Department now acknowledges that the memo 'does not and has never applied to civil immigration enforcement actions in or near' immigration courts. This admission raises questions about the legal basis for the arrests and the potential violation of individuals' rights.

The government's withdrawal of parts of its briefs that relied on the ICE memo does not affect its arguments that ICE’s immigration courthouse arrests do not violate any so-called common-law privilege against courthouse arrests. The court's original opinion will need to be reconsidered.

ICE lawyers initially cited a May 2025 agency memo as justification, but later admitted that the memo did not authorize arrests near immigration courts.

Civil rights groups have condemned ICE's actions, calling them a 'shocking revelation' and an example of ICE's 'brazen disregard for the lives of immigrants.'

The court will need to reconsider the case in light of the new information, and the parties will likely re-brief their arguments.

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