DOJ Admits Misleading Court on ICE Arrests

In a letter addressed to Judge Kevin Castel and filed Tuesday, Jay Clayton, US attorney for the Southern District of New York, conceded that the administration made misrepresentations to the court about a May 2025 ICE memo that has been repeatedly referenced by the DOJ in court filings.

While the government previously leaned on this guidance to defend its policy of detaining migrants at their hearings, the DOJ now admits the memo applies only to traditional courthouses, not immigration courts.

Despite the DOJ’s attempt to "correct" the record and instruct agents on the proper policy, the Department of Homeland Security (DHS) remains defiant. A DHS spokesperson stated there is "no change in policy," asserting they will continue to arrest individuals at immigration courts because "nothing prohibits arresting a lawbreaker where you find them."

For over a year, these arrests have transformed halls of due process into "zones of fear" for those attempting to follow the legal immigration process.

When the government uses false pretenses to dismantle due process, it isn't just "finding lawbreakers" - it‘s breaking the very system it is sworn to uphold.