DHS Says It Won’t Change a Thing After Admitted Error in ICE Arrests

Unlawful ICE arrests at immigration courts will continue across the country, despite the Department of Justice admitting that federal agents have no such authority to make them.

In a Tuesday letter to U.S. District Judge P. Kevin Castel of New York City, the DOJ conceded that a 2025 Immigration and Customs Enforcement memo used to justify the arrests of hundreds of immigrants appearing in immigration court “does not and has never applied to civil immigration enforcement actions in or near immigration court.” 

Despite the stunning concession, the Department of Homeland Security doesn’t seem to care. It will continue to arrest immigrants showing up for their hearings, the DHS said in a statement Thursday.

“There is no change in policy. We will continue to arrest illegal aliens at immigration courts following their proceedings. It is common sense to take them into custody following the completion of their removal proceedings,” the statement reads. 

“Nothing prohibits arresting a lawbreaker where you find them,” it concludes. Actually, it does. The DOJ itself admitted the memo does not mean ICE has free rein to arrest whoever it wants, wherever it wants. 

The disclosure was part of a federal court case brought by the New York Civil Liberties Union that challenges ICE’s nefarious arrests of immigrants at Manhattan’s immigration court, which has seen the most arrests of any major city in America. Thousands more have been unlawfully arrested at courthouses across the country. 

The DOJ apologized in a letter to Castel, and blamed the mistake on ICE. “We deeply regret that this error has come to light at this late stage, after the parties have expended significant resources and time to litigate this case and this Court has carefully considered Plaintiffs’ challenge to the 2025 ICE Guidance,” the letter reads.

It doesn’t really matter whose fault it was, especially as it seems ICE will continue snatching immigrants trying to comply with the federal system whether it’s authorized or not.