US Government & Domestic — 2026-03-27
DOJ Admits ICE Courthouse Arrests Relied on Erroneous Legal Authority
DOJ lawyers admitted to a federal judge that ICE courthouse arrests of migrants relied on a 2025 memo that does not actually apply to immigration courts, undermining the legal basis for hundreds of arrests conducted as part of the administration's immigration enforcement escalation. Despite the admission, DHS stated there is no policy change: "We will continue to arrest illegal aliens at immigration courts." The concession came in a lawsuit by immigrant advocacy groups African Communities Together and The Door. Many detained individuals may have already been deported under the invalidated authority.
Analysis
DHS's "no policy change" response despite the DOJ admission that its legal basis was erroneous signals enforcement will continue regardless of legal authority. For individuals already deported under the invalidated memo, there may be no practical remedy. The pattern is consistent across multiple immigration enforcement actions this cycle: act first, defend legally later, continue even when defense fails.
DHS's "no policy change" response despite the DOJ admission that its legal basis was erroneous signals enforcement will continue regardless of legal authority. For individuals already deported under the invalidated memo, there may be no practical remedy. The pattern is consistent across multiple immigration enforcement actions this cycle: act first, defend legally later, continue even when defense fails.