Immigration Enforcement — 2026-03-25
DOJ Admits ICE Cited Non-Existent Authority for Hundreds of Immigration Court Arrests
In a late-night court filing in SDNY, an Assistant US Attorney disclosed that ICE relied on a memo that "does not and has never authorized" civil immigration enforcement at EOIR immigration courts. The May 2025 guidance ICE cited to justify mass arrests at 26 Federal Plaza and other immigration courts applied only to state and federal courthouses, not immigration courts. The government characterized the basis for hundreds of arrests as "agency attorney error." The admission came in a lawsuit by NYCLU and civil rights groups challenging the practice of detaining immigrants appearing for asylum and citizenship hearings.
Analysis
The admission that ICE detained hundreds of people under non-existent authority undermines the government litigation posture in multiple pending cases. Defense attorneys will cite this "agency attorney error" as evidence of systematic disregard for legal constraints on enforcement operations.
The admission that ICE detained hundreds of people under non-existent authority undermines the government litigation posture in multiple pending cases. Defense attorneys will cite this "agency attorney error" as evidence of systematic disregard for legal constraints on enforcement operations.