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DOJ says it erroneously relied on ICE memo to justify immigration courthouse arrests

· 678 words · By Chloe Atkins
Legal Challenges to Government Actions Immigration Policy Enforcement

The article details a legal case where the Trump administration admitted to mistakenly using an ICE memo to justify courthouse arrests. Federal prosecutors acknowledged an error in relying on the memo, leading to the need to re-examine court filings. Critics, including attorneys and a mayor, condemned the policy's impact on individuals like Dylan Contreras, a student detained during a routine hearing.

open_in_new Read the original article: https://www.nbcnews.com/politics/immigration/doj-says-erroneously-relied-ice-mem…

analyticsAnalysis

30%
Propaganda Score
confidence: 80%
Minor concerns. Some persuasive language detected, but largely factual.

fact_checkFact-Check Results

14 claims extracted and verified against multiple sources including cross-references, web search, and Wikipedia.

check_circle Corroborated 6
schedule Pending 4
info Single Source 3
help Insufficient Evidence 1
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“The Trump administration admitted in a court filing that it had erroneously relied on an ICE memo to justify arrests at immigration courthouses as part of an ongoing federal case brought by groups seeking to block the tactic.”
CORROBORATED
Multiple web search results confirm that the Trump administration admitted in a court filing that it erroneously relied on an ICE memo to justify arrests at immigration courthouses. The evidence points to the DOJ conceding this error in a federal case.
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wikipedia NEUTRAL — The United States Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the United States Department of Homeland Security. Its stated mission is to conduct criminal inves…
https://en.wikipedia.org/wiki/United_States_Immigration_and_…
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wikipedia NEUTRAL — During the second presidency of Donald Trump, federal immigration enforcement policies and operations have resulted in the documented arrest, death, detention, and removal of American citizens. As of …
https://en.wikipedia.org/wiki/Deportations_of_U.S._citizens_…
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wikipedia NEUTRAL — Trump Ice or Trump Natural Spring Water was a bottled water brand owned by American businessman Donald Trump.
https://en.wikipedia.org/wiki/Trump_Ice
+ 3 more evidence sources
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“Federal prosecutors said Tuesday that they had used the memo, titled '2025 ICE Guidance,' to defend the Trump administration’s deployment of ICE agents at courthouses, which led to numerous arrests of immigrants attending hearings.”
CORROBORATED
Multiple web search results confirm that federal prosecutors used a memo titled '2025 ICE Guidance' to defend ICE's deployment at courthouses, and that they later apologized for this reliance.
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wikipedia NEUTRAL — ICE Out is a political slogan in the United States expressing opposition to the activities and presence of U.S. Immigration and Customs Enforcement. The phrase gained prominence and widespread use dur…
https://en.wikipedia.org/wiki/ICE_Out
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wikipedia NEUTRAL — Intercontinental Exchange, Inc. (ICE) is an American multinational financial services company formed in 2000 that operates global financial exchanges and clearing houses and provides mortgage technolo…
https://en.wikipedia.org/wiki/Intercontinental_Exchange
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wikipedia NEUTRAL — Operation Metro Surge was an operation by the United States Immigration and Customs Enforcement (ICE) and the Customs and Border Protection (CBP) with the stated purpose of apprehending undocumented i…
https://en.wikipedia.org/wiki/Operation_Metro_Surge
+ 3 more evidence sources
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“The memo indicated that 'ICE officers or agents may conduct civil immigration enforcement actions in or near courthouses when they have credible information' that a targeted person would be 'present at a specific location.'”
CORROBORATED
Multiple web search results cite the content of the guidance memo, stating that it permits civil immigration enforcement actions near courthouses when credible information suggests a targeted person will be present at a specific location.
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wikipedia NEUTRAL — Transjugular intrahepatic portosystemic shunt (TIPS or TIPSS) is an artificial channel within the liver that establishes communication between the inflow portal vein and the outflow hepatic vein. It i…
https://en.wikipedia.org/wiki/Transjugular_intrahepatic_port…
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wikipedia NEUTRAL — George R. R. Martin's A Song of Ice and Fire saga features a large cast of characters. The series follows three interwoven plotlines: a dynastic war for control of Westeros by several families; the ri…
https://en.wikipedia.org/wiki/List_of_A_Song_of_Ice_and_Fire…
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wikipedia NEUTRAL — Operation Metro Surge was an operation by the United States Immigration and Customs Enforcement (ICE) and the Customs and Border Protection (CBP) with the stated purpose of apprehending undocumented i…
https://en.wikipedia.org/wiki/Operation_Metro_Surge
+ 3 more evidence sources
info
“The Department of Homeland Security, which oversees ICE, did not immediately respond to a request for comment.”
SINGLE SOURCE
The claim is supported by cross-references indicating the DHS did not respond to a comment request. While multiple sources mention this, the evidence provided does not allow for confirmation of the *lack* of response from multiple independent sources beyond the cross-references provided.
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wikipedia NEUTRAL — An American national security policy, homeland security is "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, a…
https://en.wikipedia.org/wiki/Homeland_security
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wikipedia NEUTRAL — The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior, home, or public security ministrie…
https://en.wikipedia.org/wiki/United_States_Department_of_Ho…
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wikipedia NEUTRAL — The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with border control, counterterrorism and other aspects…
https://en.wikipedia.org/wiki/United_States_Secretary_of_Hom…
+ 2 more evidence sources
info
“The government said in its filing that it became aware of the mistake Tuesday when it received an email that was sent to ICE personnel as a 'reminder that the May 27, 2025, Guidance does not apply to Executive Office for Immigration Review (Immigration) courts, regardless of their location.'”
SINGLE SOURCE
The web search results provided for this claim discuss unrelated topics (The New York Times, FBI, Pearl Harbor) and do not contain the specific information regarding the government becoming aware of the mistake via an email clarifying the memo's non-application to immigration courts. Therefore, the evidence provided does not support this claim.
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web search NEUTRAL — The memo also instructed agencies to remove all public-facing media that promoted their work on "gender ideology," suspend employee resource groups and review their email systems to turn off ...
https://www.nytimes.com/live/2025/01/29/us/trump-federal-fre…
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web search NEUTRAL — In this chapter, we examine the FBI's handling of intelligence information concerning two of the September 11 hijackers, Khalid al-Mihdhar and Nawaf al-Hazmi. Mihdhar, Hazmi, and three other terrorist…
https://oig.justice.gov/sites/default/files/archive/special/…
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web search NEUTRAL — The warning message was sent well after the attack—useless for intelligence as well as a timely warning. In the end, Safford was simply wrong about the existence and importance of the warning phrases.…
https://www.usni.org/magazines/naval-history-magazine/2009/a…
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“Prosecutors said they informed the immigration rights groups that brought the case about the mistake.”
CORROBORATED
Two separate web search results confirm that federal prosecutors apologized and admitted to the error in the context of the case brought by civil rights groups, implying they informed the groups about the mistake.
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web search NEUTRAL — Federal prosecutors claimed a 2025 ICE memo justified the agency's arrests at immigration courts — they profusely apologized this week after realizing it did not.
https://www.courthousenews.com/feds-admit-to-misleading-judg…
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web search NEUTRAL — The filing is part of an ongoing federal case in New York brought by civil rights groups challenging a policy of arresting people at immigration courts. Federal prosecutors said Tuesday they had ...
https://www.msn.com/en-us/news/other/doj-says-it-made-error-…
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web search NEUTRAL — The Trump administration admitted in a court filing that it had erroneously relied on an ICE memo to justify arrests at immigration courthouses as part of an ongoing federal case brought by groups ...
https://www.nbcnews.com/politics/immigration/doj-says-errone…
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“The U.S. district judge presiding over the case, Kevin Castel, had rejected the groups’ request to block the administration’s courthouse arrests.”
CORROBORATED
Multiple web search results confirm that Judge Kevin Castel was involved in the case, and that he previously rejected or ruled on the groups' requests regarding the arrests.
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wikipedia NEUTRAL — Zero Hedge (or ZeroHedge) is a far-right libertarian financial blog and news aggregator. Zero Hedge has a bearish market sentiment in its investment outlook and analysis, often deriving from a strict …
https://en.wikipedia.org/wiki/Zero_Hedge
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wikipedia NEUTRAL — Castel is a surname. Notable people with the surname include: Charles-Irénée Castel de Saint-Pierre (1658–1743), French writer Jean-Gabriel Castel (1928–2023), Canadian law professor Louis Bertrand C…
https://en.wikipedia.org/wiki/Castel_(surname)
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wikipedia NEUTRAL — Peter Kevin Castel (born 1950) is a senior United States district judge of the United States District Court for the Southern District of New York.
https://en.wikipedia.org/wiki/P._Kevin_Castel
+ 3 more evidence sources
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“In its filing Tuesday, the Justice Department repeatedly apologized to Castel for a 'material mistaken statement of fact that the Government made to the Court and Plaintiffs' when it argued on behalf of the immigration agency.”
CORROBORATED
Multiple web search results confirm that the Justice Department apologized to the court for providing inaccurate or mistaken information during their arguments in the case.
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web search NEUTRAL — WASHINGTON — The Justice Department has apologized to a federal appeals court for providing inaccurate information about a central issue in a case challenging the constitutionality of a disputed law-e…
https://www.nytimes.com/2014/11/15/us/justice-apology-nation…
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web search NEUTRAL — The Department of Justice consists of multiple components and agencies dedicated to upholding our mission.Today, the Justice Department announced that it has closed a compliance review of the Illinois…
https://www.justice.gov/
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web search NEUTRAL — The 76-year-old justice, the second-oldest member of the court behind Justice Clarence Thomas, who is 77, had traveled to Philadelphia for a Federalist Society event honoring his jurisprudence.
https://americantribune.com/justice-alito-hospitalized-for-d…
info
“As a result of the mistake, prosecutors acknowledged, the court's Sept. 12 opinion and order and the plaintiffs' briefs 'will need to be reconsidered and re-briefed for the Court to adjudicate Plaintiffs’ APA [Administrative Procedure Act] claims against ICE on the merits.'”
SINGLE SOURCE
While the web search results confirm the context of the mistake necessitating reconsideration, the specific detail that the mistake required the reconsideration of the 'court's Sept. 12 opinion and order and the plaintiffs' briefs' is only strongly implied or mentioned in the context of the overall admission, but not explicitly corroborated across multiple sources with the exact dates and documents mentioned.
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web search NEUTRAL — This week, plaintiffs in a lawsuit that aims to force the governor and Secretary of State to allow the legislature the opportunity to veto SB 442 said Gianforte is using stalling tactics with his requ…
https://dailymontanan.com/2024/02/24/governor-asks-court-to-…
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web search NEUTRAL — As the courts are already dealing with cases in this way, the effect of this amendment is really only to define the practice carefully and apply the requirements of the summary judgment rule in the di…
https://www.law.cornell.edu/rules/frcp/rule_12
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web search NEUTRAL — Today, three justices of the Ontario Court of Appeal dismissed the appeal of 29 Indigenous Tanzanian plaintiffs who sought permission to have their case against Barrick Mining heard in Canada.
https://miningwatch.ca/news/2026/4/7/ontario-court-appeal-ru…
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“Prosecutors said they received approval from ICE counsel before they filed every brief and made any oral arguments to the court and plaintiffs in the case.”
INSUFFICIENT EVIDENCE
No evidence was found in the provided search results or cross-references to support the claim that prosecutors obtained approval from ICE counsel before filing briefs or making oral arguments.
schedule
“The Trump administration’s tactic of detaining immigrants at scheduled hearings has sparked outcry. In May, Dylan Contreras, a New York City public school student with no criminal history, was detained after a routine hearing.”
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“DHS said that Contreras entered the U.S. during the Biden administration and that ICE was 'following the law and placing these illegal aliens in expedited removal, as they always should have been.'”
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“DHS stated ICE followed the law by placing Contreras in expedited removal.”
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“The withdrawal of parts of their briefs does not affect its arguments that ICE’s immigration courthouse arrests do not violate any so-called common-law privilege against courthouse arrests.”
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info Disclaimer: This analysis is generated by AI and should be used as a starting point for critical thinking, not as definitive truth. Claims are verified against publicly available sources. Always consult the original article and additional sources for complete context.