What Just Happened
On March 26, 2026, attorneys from the Department of Justice made a significant admission to U.S. District Judge P. Kevin Castel in New York. In a letter filed in the case of African Communities Together v. DOJ, the government acknowledged that it has been incorrectly citing an Immigration and Customs Enforcement memo from May 2025 to justify arresting immigrants at immigration court hearings. According to the DOJ, the memo does not actually apply to immigration courts. The government called this a "material mistaken statement of fact" and stated, "We deeply regret this error."
This admission is significant because hundreds of immigrants have been arrested at their own immigration court hearings, many of them transported to detention facilities hundreds of miles away, based on a policy the government itself now admits was misapplied.
What this means: The government has formally acknowledged in federal court that its application of ICE policy to immigration court arrests was legally incorrect. If you were arrested at an immigration hearing based on this policy, you may have grounds to challenge your detention and removal.
The Background of the Case
The lawsuit African Communities Together v. DOJ was brought by two New York organizations: African Communities Together and The Door. These organizations have been documenting the experiences of immigrants who were arrested at immigration court hearings, many of them while attending their own removal proceedings. The case challenges the government's practice of allowing ICE agents to make arrests at immigration courts across the country.
The May 2025 ICE memo that the government cited was originally intended to allow certain courthouse arrests. However, the DOJ has now admitted that the memo's language and scope do not authorize arrests specifically at immigration court proceedings. This is a critical distinction because immigration courts handle civil proceedings, not criminal matters, and operate under different legal frameworks than district courts and state trial courts where criminal cases are prosecuted.
Who Has Been Affected
The scope of this problem is substantial but not fully documented yet. The admitted misapplication of policy has affected immigrants across multiple jurisdictions who were arrested while attending their own immigration hearings. Common scenarios include:
- Immigrants arrested while waiting for their removal hearing to begin
- Individuals detained immediately after their immigration court proceedings concluded
- People taken into custody while leaving the immigration court building
- Family members and supporters arrested while present at hearings
Many of those arrested were transferred to detention facilities far from their homes and families. Some were held for weeks or months before bond hearings, while others faced expedited removal proceedings. The emotional and financial toll on these individuals and their families has been severe.
What DHS Says About Continuing These Arrests
Despite the DOJ's admission that the policy was incorrectly applied, the Department of Homeland Security has indicated that enforcement practices will not change. A DHS statement made it clear: "We will continue to arrest illegal aliens at immigration courts following their proceedings." This statement was made even after the government's own lawyers acknowledged the legal error in how the policy had been applied.
This creates a troubling situation. The government has admitted its legal justification for these arrests was flawed, yet it intends to continue the same practice. This raises serious constitutional questions about whether such arrests can be legally justified at all.
Critical issue: If you have an immigration court hearing scheduled, the fact that the government has admitted to misapplying policy should be raised immediately with your immigration attorney. This admission may be relevant to any legal challenge to detention or removal proceedings.
What This Admission Means in Legal Terms
When a government lawyer files a letter admitting a "material mistaken statement of fact" in federal court, it is a serious development. Such admissions can have significant consequences:
For Individual Cases
If you were arrested at an immigration court based on this misapplied memo, you may be able to argue that your arrest was unlawful. An immigration attorney can file motions to suppress evidence obtained from an unlawful arrest, or to challenge the legal basis for your detention and removal proceedings. Some people may be able to pursue habeas corpus relief or other remedies depending on their specific circumstances.
For the Ongoing Lawsuit
The DOJ's admission strengthens the case of African Communities Together and The Door. The organizations are likely to use this admission to argue that the government's entire practice of allowing ICE arrests at immigration courts is unlawful and should be enjoined by the court. The admission of a "material mistaken statement of fact" is powerful evidence that the government's practices were not based on a proper legal foundation.
For Future Enforcement Actions
The government now faces a credibility problem and a legal problem. The court knows the government misapplied policy. Going forward, any attempt by the government to defend new arrests at immigration courts will have to address why it should be permitted to continue doing something it has admitted was legally incorrect.
What You Should Do If You Have Been Affected
If you or a family member have been arrested at an immigration court hearing, you need to act quickly:
Contact an Immigration Attorney Immediately
Do not wait. The admission that the government misapplied its own policy creates an opportunity to challenge your detention and removal. An attorney can review your specific case and determine what legal arguments are available to you. This attorney can also coordinate with attorneys in the African Communities Together case if that would be beneficial to your defense.
Document Your Arrest
If you remember details about your arrest at the immigration court, write them down. Note the date, time, location, which ICE agents or officers were involved if you can identify them, what happened, and where you were taken. If you have any documents related to your arrest or detention, keep them safe.
Inform Your Immigration Judge
If your removal case is still pending, your immigration attorney should inform the immigration judge about the government's admission regarding the misapplied policy. This may be relevant to arguments about the lawfulness of your detention or the admissibility of evidence in your case.
Consider Whether You Have a Claim
Depending on where you were arrested, how long you were detained, and what has happened in your immigration proceedings since, you may have different legal remedies available. Some people might be able to challenge their removal orders. Others might have claims for damages against the government for unlawful detention. Your attorney can advise you about what options may exist in your particular situation.
Have an Upcoming Immigration Court Hearing?
If you have a scheduled immigration court date and you are concerned about enforcement at the courthouse, this DOJ admission provides ammunition for your legal defense team. Your immigration attorney and any criminal defense attorney you may have should be made aware of:
- The DOJ's formal admission that the May 2025 memo does not apply to immigration courts
- The government's acknowledgment of a "material mistaken statement of fact"
- The fact that this is an ongoing issue being litigated in federal court
- The government's own conflicting statements (admitting error while saying it will continue the practice)
Your attorneys may be able to seek protective orders, request that you appear by video rather than in person, or take other steps to reduce your vulnerability to enforcement while the legal issues are being resolved. You may also be able to request a continuance to allow time for the legal situation to develop further. However, these are strategic decisions that depend on your specific circumstances, and you need to discuss them with your attorney before your court date.
The Broader Context
This DOJ admission occurs in the context of significantly increased immigration enforcement activity. Under the current federal administration, ICE has been directed to increase enforcement nationwide. Immigration courts have become focal points for enforcement activity. Immigrants attending hearings on removal cases, bond hearings, applications for relief, and other matters have reported fear and intimidation. Some people have avoided necessary court appearances due to fear of arrest.
The African Communities Together case represents one of the main legal challenges to this enforcement strategy. The DOJ's admission in this case provides crucial evidence that the government's legal justifications for these arrests do not hold up. Whether this will result in a court order halting the arrests, or whether the government will attempt to develop a new legal theory to justify them, remains to be seen.
Important: This is a rapidly developing legal situation. The outcome of the African Communities Together case, actions by Congress or state legislatures, and decisions by the courts will all influence what happens next. If you are affected by this issue, stay in close contact with your immigration attorney as circumstances evolve.
Related Resources
For more information about your rights in immigration court and ICE enforcement situations, see our guides on ICE courthouse arrests in Massachusetts, immigration bond hearings, and what to do if ICE comes to your door.
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