ICE mistakenly told agents to arrest people in immigration courts, DOJ admits

Key Takeaways

• The U.S. Attorney in Manhattan has admitted his office mistakenly defended an ICE memo as applying to arrests in immigration courts.
• ICE (Immigration and Customs Enforcement) issued a March 19 memo clarifying its arrest policy “does not apply” to immigration courts.
• It has been reported that the Trump-era posture allowing courthouse arrests produced thousands of arrests and chaotic scenes in hallway ambushes.
• The development could reopen lawsuits, spur Congressional oversight, and has immediate consequences for immigrants attending hearings.

What happened

The U.S. Attorney in Manhattan has told a federal judge that his office “regrettably” defended an ICE memo as authorizing arrests inside immigration courts, and that the error came from ICE lawyers, according to court filings. ICE’s assistant director of field operations, Liana Castano, sent a March 19 memo to officers clarifying that the agency’s internal arrest policy “does not apply” to immigration courts, “regardless of their location.” A previous May 2025 memo from acting ICE director Todd Lyons had instructed officers to be “discreet” in courthouse arrests but said agents should “generally avoid” enforcement in courthouses devoted to non‑criminal proceedings.

Legal and policy context

ICE is the civil enforcement arm that apprehends non‑citizens; the Department of Justice (DOJ) runs immigration courts and immigration judges sit within DOJ, not the federal judiciary. It has been reported that the Trump administration and DOJ had taken steps last year — including directives affecting judges’ case handling — that increased immigrants’ vulnerability to arrest immediately after hearings. Those shifts prompted mass arrests in courthouse hallways and a wave of litigation challenging the practice as inconsistent with due process protections for people pursuing immigration relief.

Human impact and next steps

The practical effect was immediate and severe: critics say thousands of immigrants were cuffed in courthouse corridors shortly after appearing for mandated hearings, and public figures who accompanied migrants — including former New York City comptroller Brad Lander, who was arrested while escorting people — have called the disclosures a “bombshell.” For people currently navigating removal proceedings, the Castano memo should mean courthouse ambush arrests are no longer authorized under that ICE policy, but it does not end enforcement elsewhere. Attorneys and advocates should notify clients of the change, preserve records of any prior courthouse arrests, and consider reopening litigation or filing civil claims where rights were allegedly violated.

What to watch

Expect renewed litigation and potential Congressional oversight into both ICE’s guidance and DOJ’s earlier defenses. Courts will likely consider whether past arrests were lawful and what remedies are available — including motions to reopen cases, habeas petitions, or civil‑rights suits. For now, individuals with cases should remain in contact with counsel, document any encounters with enforcement agents, and watch for further agency guidance or local U.S. Attorneys’ statements clarifying enforcement practices.

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