根据一份新的法庭文件，司法部通知一名联邦法官，它一直错误地依赖移民和海关执法备忘录来证明移民法庭的逮捕是合理的。
这份文件是纽约正在进行的联邦案件的一部分，该案件是由民权团体提出的，他们对一项在移民法庭抓人.
联邦检察官周二表示，他们一再引用一份名为“2025 ICE指南”的备忘录为该政策辩护，该政策导致全国范围内的法院逮捕。
纽约南区联邦检察官杰伊·克莱顿(Jay Clayton)写道，“我们谨以敬意和遗憾的方式，纠正政府向法院和原告做出的重大错误事实陈述。”。
Clayton告知法院，ICE官员本周通知DOJ，该指南“不适用，也从未适用于”移民法庭内或附近的民事移民执法行动。
“正如指南中所述，它也不适用于法院内部的刑事移民执法行动，”备忘录称。“然而，该指南适用于联邦、州和地方/市一级的所有非移民法院或其附近的民事移民执法。”
移民律师和倡导者此前告诉ABC新闻，移民执法人员一直在移民法院大楼等待，并逮捕那些案件被驳回的移民。
移民法院的驱逐听证会是由DHS发起的法律程序，由移民法官决定一名移民是否应该被驱逐出美国。
据律师说，移民法官通常会驳回一个案件，以便让当事人通过寻求庇护来寻求法律救济。
几个移民在案件被驳回后被拘留的视频在社交媒体上疯传。
德克萨斯州圣安东尼奥移民法律资源中心的律师Priscilla Olivarez此前告诉美国广播公司新闻说:“很明显，这是一场有组织的散布恐惧的运动，目的是让我们的移民社区陷入恐惧，破坏宪法规定的正当程序权。”。
纽约公民自由联盟(New York Civil Liberties Union)和美国公民自由联盟(ACLU)的律师在回应这份文件时表示，逮捕“剥夺了”移民寻求驱逐救济的权利。
“这一发展的影响是深远的，”这些团体周三写道。“在法院依靠政府代表拒绝原告初步救济的几个月里，被告继续在移民法庭听证会上逮捕非公民，导致他们被拘留——往往是在数百英里外的设施里。”
ADHS发言人在一份声明中说:“政策没有变化。我们将继续在移民法庭逮捕非法外国人。在完成驱逐程序后将他们拘留是常识。没有任何东西禁止在你发现违法者的地方逮捕他们。”
DOJ says it made 'error' in justifying immigration court arrests with ICE memo
The Department of Justice notified a federal judge that it has been erroneously relying on an Immigration and Customs Enforcement memo to justify arrests at immigration courts, according to a new court filing.
The filing is part of an ongoing federal case in New York brought by civil rights groups challenging a policy ofarresting people at immigration courts.
Federal prosecutors said Tuesday they had repeatedly cited a memo titled "2025 ICE Guidance" to defend the policy, which led to courthouse arrests nationwide.
"We write respectfully and regrettably to correct a material mistaken statement of fact that the Government made to the Court and Plaintiffs," wrote Jay Clayton, U.S. attorney for the Southern District of New York.
Clayton informed the court that ICE officials notified DOJ this week that the guidance "does not and has never applied" to civil immigration enforcement actions in or near immigration courts.
"As stated in the Guidance, it also does not apply to criminal immigration enforcement actions inside courthouses," the memo states. "The Guidance does, however, apply to civil immigration law enforcement at or near all non-immigration courts at federal, state, and local/municipal level."
Immigration attorneys and advocates previously told ABC News that immigration enforcement officers have been waiting in immigration court buildings and arresting migrants who have had their cases dismissed.
Deportation hearings in immigration court are legal proceedings initiated by DHS in which an immigration judge determines whether a migrant should be removed from the United States.
Often, an immigration judge will dismiss a case in order to allow the individual to pursue legal relief by seeking asylum, according to attorneys.
Several videos of migrants being detained after their cases were dismissed have gone viral on social media.
"It's clear that it's a coordinated campaign of fear-mongering, to put fear into our immigrant communities and undermine the constitutional right to due process," Priscilla Olivarez, an attorney with the Immigrant Legal Resource Center in San Antonio, Texas, previously told ABC News.
In response to the filing, attorneys for the New York Civil Liberties Union and the ACLU said the arrests have "deprived" immigrants of their right to seek relief from removal.
"The implications of this development are far-reaching," the groups wrote on Wednesday. "In the months since the Court relied on the government’s representation to deny Plaintiffs preliminary relief, Defendants have continued arresting noncitizens at their immigration court hearings, resulting in their detention—often in facilities hundreds of miles away."
ADHS spokesperson said in a statement: "There is no change in policy. We will continue to arrest illegal aliens at immigration courts following their proceedings. It is commonsense to take them into custody following the completion of their removal proceedings. Nothing prohibits arresting a lawbreaker where you find them."
