The Justice Department has acknowledged that Immigration and Customs Enforcement improperly instructed agents to conduct arrests at immigration court facilities, walking back guidance that civil liberties advocates warned would undermine due process and discourage immigrants from attending mandatory hearings.
The admission came in federal court filings in New York, where advocacy organizations had challenged ICE's courthouse arrest practices as violations of long-standing policies designed to protect the integrity of judicial proceedings. According to legal documents, DOJ officials conceded that the directive represented a "misinterpretation" of departmental policy.
The controversy centers on fundamental questions of due process: if immigrants fear arrest when appearing for their court dates, they may flee or fail to appear, paradoxically undermining the legal system designed to adjudicate their cases. Immigration courts already face massive backlogs exceeding 3 million cases, and attorneys say courthouse arrests would only compound the dysfunction.
"This goes to the heart of how our legal system functions," said Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project. "If people can't safely access the courts, the entire framework of immigration law collapses. You can't have a legal process where one party is subject to arrest for showing up."
The ICE guidance had authorized agents to conduct what the agency called "targeted enforcement operations" at immigration court facilities across the country, including major venues in Los Angeles, Miami, Chicago, and New York City. Immigration attorneys reported a chilling effect almost immediately, with clients expressing fear about attending hearings.
For immigration lawyers, the policy created an impossible dilemma: advise clients to attend court and risk arrest, or counsel them to skip hearings and guarantee deportation orders in absentia. explained , an immigration attorney in ,





