DOJ Error Undermines Basis for Immigration Courthouse Arrests

The Justice Department admitted in a Tuesday court filing that it had wrongly used an ICE memo to defend arrests at immigration courthouses, as part of a lawsuit by immigrant rights groups. Federal prosecutors cited the "2025 ICE Guidance" to justify deploying ICE agents at these locations, but the memo does not apply to immigration courts. This error affects thousands of immigrants attending hearings, potentially disrupting their legal processes and exposing them to unwarranted detention.

Judge Kevin Castel, presiding over the case, had previously rejected a request to block the arrests based on arguments that included the invalid memo. Prosecutors acknowledged the "material mistaken statement" in their filing, stating that briefs and the court's September opinion must now be reconsidered. As a result, the plaintiffs' claims under the Administrative Procedure Act against ICE will require re-briefing, delaying resolution of the federal case.

Dylan Contreras, a 20-year-old New York City public school student from Venezuela, was arrested at a routine hearing in May after seeking a green card. His detention lasted ten months, forcing him to miss high school milestones despite having no criminal history. New York Mayor Zohran Mamdani noted on social media that Contreras' experience highlights the human cost of such tactics, as ICE continues enforcement that lawyers argue violates asylum seekers' rights.

Amy Belsher, an attorney for the New York Civil Liberties Union representing the plaintiffs, described the revelation as a "shocking revelation" in a statement. She pointed to it as evidence of ICE's "brazen disregard for the lives of immigrants," emphasizing that people should not face arrest for attending court. On the other side, the Justice Department maintained in its filing that the error does not undermine arguments for ICE's courthouse arrests, blaming the mistake on "agency attorney error" within ICE.

Philadelphia District Attorney Larry Krasner threatened to arrest ICE agents at the city's airport on Wednesday, citing their role in security amid TSA shortages as an overreach. In a separate incident, Mohommad Nazeer Paktyawal, a 41-year-old Afghan veteran arrested by ICE on March 13, died in custody less than 24 hours later from what advocates call preventable causes, including denied access to his inhaler. ICE portrayed Paktyawal as a "criminal illegal alien" accused of fraud in September 2025, but his lawyers countered that he had a pending asylum case and no conviction, raising questions about agency accountability.

Families like Contreras' now face uncertainty as the lawsuit moves forward, with potential changes in how ICE operates at courthouses affecting their safety and legal status.