US Prosecutors Admit ICE Memo Excludes Immigration Courts

Federal prosecutors in Manhattan admitted this week that U.S. Immigration and Customs Enforcement officials provided incorrect information about a key agency memo, undermining the legal basis for arresting immigrants at immigration courts across the United States. The revelation emerged in court filings related to a lawsuit challenging the arrests, which have targeted thousands of individuals attending hearings at locations including 26 Federal Plaza in New York City over the past year.

The admission centers on a May 2025 memo from ICE Acting Director Todd Lyons, titled "Civil Immigration Enforcement Actions in or Near Courthouses." Prosecutors had relied on this document to defend the agency's practice of detaining noncitizens immediately after their court proceedings. However, according to a letter filed Tuesday by Assistant U.S. Attorney Tomoko Onozawa on behalf of U.S. Attorney Jay Clayton's office, ICE legal counsel clarified that the memo does not apply to immigration courts operated by the Executive Office for Immigration Review. A subsequent March 19 email from ICE Assistant Director of Field Operations Liana Castano, shared with prosecutors for the first time this...