NEW YORK — The Justice Department admitted in a court filing that it had erroneously relied on an ICE memo to justify arrests at immigration courthouses as part of a federal case brought by groups seeking to block the tactic. Federal prosecutors said they had used the memo titled "2025 ICE Guidance" to defend the deployment of ICE agents at courthouses, which resulted in arrests of immigrants attending hearings.

The government became aware of the mistake when it received an internal ICE email reminding personnel that the May 27, 2025 Guidance does not apply to Executive Office for Immigration Review courts, regardless of location. According to the court filing, the Justice Department said the memo does not and has never applied to civil immigration enforcement actions in or near immigration courts.

Prosecutors apologized to Judge Kevin Castel for making a material mistaken statement of fact to the court and the plaintiffs when arguing on behalf of ICE. They informed the immigrant rights groups that brought the case about the mistake.

The ICE memo states that "ICE officers or agents may conduct civil immigration enforcement actions in or near courthouses when they have credible information that a targeted person would be present at a specific location." Prosecutors acknowledged that as a result of the mistake, the court's September 12 opinion and order and the plaintiffs' briefs will need to be reconsidered and re-briefed for the court to adjudicate the plaintiffs' APA claims against ICE on the merits.

Judge Kevin Castel had previously rejected the plaintiffs' request to block the administration's immigration courthouse arrests. According to the court ruling, Judge Castel said ICE's guidance allowed arrests at or near an immigration court.

Amy Belsher, a New York Civil Liberties Union attorney, said, "It is yet again another example of ICE's brazen disregard for the lives of immigrants in this country." Belsher added, "It is now clearer than ever that there is no justification for ambushing and arresting people who are showing up to court."

According to the court filing, prosecutors said they received approval from ICE counsel before filing every brief and making any oral arguments in the case. Prosecutors did not explain why they also received the ICE email. They said the withdrawal of parts of the government's briefs that relied on the ICE memo does not affect the government's arguments that ICE's immigration courthouse arrests do not violate any common-law privilege against courthouse arrests.