By Blessing Nweke

The Administration of Donald Trump has acknowledged a significant legal misstep in a federal court case involving immigration enforcement tactics, admitting it relied on an incorrect policy memo to justify arrests at immigration courthouses.

In a filing submitted Tuesday, the Justice Department said it had mistakenly cited a document known as the “2025 ICE Guidance” to defend the use of agents from Immigration and Customs Enforcement (ICE) at courthouse locations. Those operations have led to numerous arrests of immigrants attending mandatory legal hearings.

However, prosecutors clarified that the memo “does not and has never applied” to civil immigration enforcement actions conducted in or near immigration courts. The revelation undermines a key argument previously used by the government in the ongoing case.

The lawsuit, brought by immigrant rights groups, challenges the legality of courthouse arrests, arguing they deter individuals from attending hearings and violate due process. Attorneys for the plaintiffs described the disclosure as a “shocking revelation,” saying it exposes a lack of legal justification for the enforcement tactic.

The case is being overseen by U.S. District Judge Kevin Castel, who had earlier ruled that ICE guidance permitted such arrests. Following the Justice Department’s admission, that decision may now be reconsidered.

Government lawyers issued repeated apologies to the court, calling the error a “material mistaken statement of fact” caused by an agency attorney. They said all affected filings would need to be revised.

Despite withdrawing parts of its legal arguments, the government maintains that courthouse arrests do not violate established legal protections.

The practice has drawn widespread criticism, including cases like that of Dylan Contreras, a student detained after a routine hearing, intensifying debate over immigration enforcement policies.