PULSE POINTS
WHAT HAPPENED: A federal prosecutor suggested U.S. Immigration and Customs Enforcement (ICE) should not be arresting migrants at immigration court, and that a previous memo saying they could be was a “regrettable error.”
WHO WAS INVOLVED: U.S. Attorney Jay Clayton, ICE officials, immigration advocacy groups, and former New York City comptroller Brad Lander (D)
WHEN & WHERE: The issue spans over the last year, with recent developments in Manhattan and other U.S. immigration courts.
KEY QUOTE: “Based on our discussions with ICE today, this regrettable error appears to have occurred because of agency attorney error,” said U.S. Attorney Jay Clayton.
IMPACT: The revelation has sparked calls for congressional investigations and raised questions about due process violations in immigration court arrests.
IN FULL
A Department of Justice (DOJ) prosecutor in Manhattan says that his office’s backing of a U.S. Immigration and Customs Enforcement (ICE) policy memo authorizing arrests of migrants at immigration court was a “regrettable error.” In a letter to a federal judge, U.S. Attorney Jay Clayton said ICE’s legal team had “specifically informed” his office that arrests in immigration court were exempt from guidance against courtroom arrests, but that this was mistaken.
Last May, ICE Acting Director Todd Lyons stated that “ICE officers and agents should generally avoid enforcement actions in or near courthouses, or areas within courthouses that are wholly dedicated to non-criminal proceedings (e.g., family court, small claims court).” However, ICE Assistant Director of Field Operations Liana Castano released a memo stating that this arrest policy “does 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 of the memo.
Former New York City comptroller Brad Lander (D)—himself arrested by ICE agents inside Manhattan’s immigration court—called the news a “bombshell” and called on Congress to investigate. “All courthouse arrests should cease immediately,” Lander demanded.
In the past year alone, ICE agents have arrested thousands of immigrants right outside courtrooms, frequently moments after their court-ordered hearings ended. Immigration courts, which fall under the Department of Justice (DOJ), have become a particular battleground for lawsuits challenging ICE’s enforcement methods.
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