U.S. attorney Jay Clayton acknowledged in a letter to U.S. District Court Judge Kevin Castel that the department had been incorrectly relying on an Immigration and Customs Enforcement memo to make arrests in immigration courts. This led to agents showing up to immigration court hearings and detaining dozens of people. File Photo by Craig Lassig/EPA
March 26 (UPI) — A Trump administration attorney admitted in federal court that the Department of Justice misrepresented an internal memo to justify arrests in immigration courts.
U.S. attorney Jay Clayton acknowledged in a letter to U.S. District Court Judge Kevin Castel that the department had been incorrectly relying on an Immigration and Customs Enforcement memo to make arrests in immigration courts. This led to agents showing up to immigration hearings and detaining dozens of people.
The memo, “2025 ICE Guidance,” directed federal agents that they “may conduct civil immigration enforcement actions in or near courthouses when they have credible information” that a person targeted for detainment would be “present at a specific location.”
Clayton wrote that the Trump administration was unaware of the error until Tuesday. ICE personnel received an email reminding them that “the May 27, 2025, Guidance does not apply to Executive Office for Immigration Review courts, regardless of their location.”
“Based on our discussions with ICE today, this regrettable error appears to have occurred because of agency attorney error,” Clayton wrote. “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.”
Civil Rights organizations brought a lawsuit against the Trump administration over the arrests of people attending immigration court hearings last year.
“In the months since the Court relied on the government’s representation to deny Plaintiffs preliminary relief, Defendants have continued arresting noncitizens at their immigration court hearings, resulting in their detention — often in facilities hundreds of miles away,” the New York Civil Liberties Union and American Civil Liberties Union responded in a court filing.
Amy Belsher, an attorney with the New York Civil Liberties Union representing plaintiffs, said in a statement that the admission by the Trump administration was a “shocking revelation.”
“It is yet again another example of ICE’s brazen disregard for the lives of immigrants in this country,” Belsher said in a statement. “It is now clearer than ever that there is no justification for ambushing and arresting people who are showing up for court.”
In January, former Milwaukee County, Wisc., Judge Hannah Dugan resigned from her post after being convicted for obstructing law enforcement last year. Dugan was charged after helping an immigrant evade federal immigration agents who showed up at their immigration hearing to detain them.
Dugan faces up to five years in prison and a $250,000 fine. She has not been sentenced.
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