ICE misinformed DOJ prosecutors about its authorization to arrest migrants at immigration courts.

[mahatmakanejeeves]

2. UPDATE: The ACLU of NY has responded to this unreal admission -- noting the "far-reaching" implications ...

Reposted by They Have A New Popehat
https://bsky.app/profile/kenwhite.bsky.social

Chris Geidner
‪@chrisgeidner.bsky.social‬

UPDATE: The ACLU of NY has responded to this unreal admission — noting the "far-reaching" implications, "including a possible motion for reconsideration of" Judge Castel's September 2025 decision in the case. storage.courtlistener.com/recap/gov.us...

Dear Judge Castel:
We represent Plaintiffs African Communities Together and The Door, and their members, in this case challenging the government's policies of targeting noncitizens at their immigration court proceedings, depriving them of their right to seek relief from removal in regular proceedings, and subjecting them to immediate arrest. We write in response to the government's extraordinary letter dated March 24, 2026, revealing a "material mistaken statement of fact" at the core of the government's defense of its Immigration Court Arrest Policy, ECF 77 at 1-months after the conclusion of summary judgment briefing in this litigation, and after that false statement of fact was relied upon by this Court to deny Plaintiffs preliminary relief on their challenge to that policy.
Specifically, the government now concedes the May 2025 ICE memorandum-which it previously asserted authorized arrests at immigration courthouses, provided guidance minimizing the harms of such arrests, and explained the agency's reasoning for abandoning a prior policy largely prohibiting such arrests-in fact has never applied to such arrests. See id. Accordingly, it further concedes the government's primary defense to Plaintiffs' claim that the Immigration Court Arrest Policy is arbitrary and capricious in violation of the Administrative Procedure Act must be "withdrawn]," and it states that the portion of this Court's order denying Plaintiffs' motion to stay the policy, "which relied on the Government's prior [false] representations regarding the applicability of' the memorandum, will
"need to be reconsidered." Id. at 1-2 (citing government briefs filed at ECF 39, 66, 70, and 74; the government's Sept. 2, 2025, oral argument, ECF 62; and this Court's Sept. 12, 2025, opinion and order,
ECF 51).
ALT

The implications of this development are far-reaching. 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. See, e.g., Declaration of Maria Tumba Huamani, ECF 68-13 (describing the violent arrest of a young person and her eventual transfer to a detention center in Louisiana).
Case 1:25-cv-06366-PKC Document 78 Filed 03/25/26 Page 2 of 2
Page 2 of 2
As the government notes, Plaintiffs were informed of this development at 5pm on March 24, 2026.
Given what is at stake, Plaintiffs respectfully request fourteen (14) days, until April 8, 2026, to file a response. Plaintiffs propose that the parties use this time to confer regarding next steps, including a possible motion for reconsideration of ECF 51 and any other appropriate motions, and that Plaintiffs' response will state if the parties have come to agreement on jointly proposed next steps, or, if not, will include the parties' respective positions. The government consents to this request. In addition, of in the alternative, Plaintiffs are of course prepared to appear before the Court or make any submissions the Court deems appropriate.
We thank the Court for its consideration of this request.
ALT

‪Brad Lander‬
‪@bradlander.bsky.social‬
· 1d

According to documents filed this morning by the U.S. Attorney for the Southern District of NY, ICE has been lying for a year — not only to the public, but to the courts and to prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courts. (1/2)

Documents filed this morning by the U.S. Attorney for the Southern District of NY exposing how ICE has been lying for a year — not only to the public, but to the courts and to prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courts.
ALT

Documents filed this morning by the U.S. Attorney for the Southern District of NY exposing how ICE has been lying for a year — not only to the public, but to the courts and to prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courts.
ALT
5:29 PM · Mar 25, 2026

UPDATE: The ACLU of NY has responded to this unreal admission — noting the "far-reaching" implications, "including a possible motion for reconsideration of" Judge Castel's September 2025 decision in the case. storage.courtlistener.com/recap/gov.us...

— Chris Geidner (@chrisgeidner.bsky.social) 2026-03-25T21:29:01.015Z

Brad Lander
‪@bradlander.bsky.social‬

According to documents filed this morning by the U.S. Attorney for the Southern District of NY, ICE has been lying for a year — not only to the public, but to the courts and to prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courts. (1/2)

Documents filed this morning by the U.S. Attorney for the Southern District of NY exposing how ICE has been lying for a year — not only to the public, but to the courts and to prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courts.
ALT

Documents filed this morning by the U.S. Attorney for the Southern District of NY exposing how ICE has been lying for a year — not only to the public, but to the courts and to prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courts.
ALT
2:24 PM · Mar 25, 2026

According to documents filed this morning by the U.S. Attorney for the Southern District of NY, ICE has been lying for a year — not only to the public, but to the courts and to prosecutors — about being authorized to make arrests at 26 Federal Plaza and other immigration courts. (1/2)

— Brad Lander (@bradlander.bsky.social) 2026-03-25T18:24:15.065Z