After Trump Admin Admits to Improper Use of ICE Memo to Justify Immigration Court Arrests, Goldman Demands Answers and Accountability

Washington, D.C. - U.S. Representative Dan Goldman is demanding answers and accountability from the Trump Administration following the revelation that it improperly used a U.S. Immigration and Customs Enforcement (ICE) memo to justify immigration court arrests. The Department of Justice’s (DOJ) extraordinary admission in federal court filings indicates that it relied on erroneous information to justify courthouse arrests conducted by ICE. In these filings, the DOJ acknowledges that an ICE memorandum from 2025 “does not and has never applied to civil immigration enforcement actions in or near Executive Office for Immigration Review” immigration courts, which includes 26 Federal Plaza.

“This astounding admission must not be treated as a minor clerical error but rather as a total breakdown of legal integrity and accountability that must be met with serious consequences,” wrote Rep. Goldman. “According to the filing, the DOJ indicates that this ‘regrettable’ mistake ‘appears to have occurred because of agency attorney error.’ This mistake is hardly regrettable; it is an egregious and seemingly intentional decision to ignore ICE policy and procedure that has resulted in tens of thousands of arrests the administration agrees should never have taken place.”

Rep. Goldman is demanding the DHS Secretary Markwayne Mullin and ICE Acting Director Todd Lyons provide a full account of all arrests, detentions, and deportations by immigration court facility, as well as the current status of each individual that was arrested and detained at or near immigration court facilities. 

He is also calling for immediate disciplinary action, up to and including immediate termination, against any and all DHS employees who knowingly concealed the immigration court exemption from the 2025 ICE Guidance, or permitted the DOJ to misrepresent this guidance to a federal court.

Rep. Goldman has consistently fought to protect immigrants who are pursuing lawful pathways to migrate to the United States and attending their court-ordered appearances from being targeted for arrests by the Trump Administration. He leads the Immigration Court Due Process Protection Act, legislation that would prohibit DHS officers or agents from arresting or detaining an individual that is physically present at an Executive Office for Immigration Review (EOIR) immigration court facility for the purpose of attending or participating in a hearing. These protections would extend to individuals whose immigration case is still active and has not resulted in a final order of  removal.

The full text of the letter is available here or below: 

Dear Secretary Mullin and Acting Director Lyons:
 

I write to you regarding the Department of Justice’s (DOJ) extraordinary admission in federal court filings indicating that it relied on erroneous information to justify courthouse arrests conducted by U.S. Immigration and Customs Enforcement (ICE). In the filings, the DOJ acknowledges that an ICE memorandum dated May 27, 2025 (“2025 ICE Guidance"), “does not and has never applied to civil immigration enforcement actions in or near Executive Office for Immigration Review (“EOIR”) immigration courts.” Shockingly, the government has admitted that these courthouse arrests – which have been occurring nationwide since at least May 2025 and before the guidance was issued – violated its own stated policies and procedures.

According to the filing, the DOJ indicates that this “regrettable” mistake “appears to have occurred because of agency attorney error.” This mistake is hardly regrettable; it is an egregious and seemingly intentional decision to ignore ICE policy and procedure that has resulted in tens of thousands of arrests the administration agrees should never have taken place. This astounding admission must not be treated as a minor clerical error but rather as a total breakdown of legal integrity and accountability that must be met with serious consequences.

For nearly a year, the Trump administration has been carrying out its mass deportation agenda by specifically targeting individuals who are following proper procedures and pursuing lawful pathways – such as asylum – through their immigration court proceedings. This practice was so obviously contrary to representations by the President and others that the “worst of the worst” would be targeted, but also undermined our immigration laws and basic due process. Last year, I introduced the Immigration Due Process Protection Act to prohibit this practice.

In December, former Department of Homeland Security (DHS) Secretary Kristi Noem further admitted in a hearing before the House Committee on Homeland Security that asylum was “a lawful pathway” to immigrate to the United States and that any deportations of asylum applicants were therefore illegal. Despite the 2025 ICE Guidance and the former Secretary’s knowledge, ICE has targeted individuals who, in good faith, were following the rules by attending required court appearances when they were improperly detained. Many have been wrongfully deported.

Accordingly, I demand that DHS and ICE take the following actions and respond to the following questions:

• Provide to Congress any memos, emails, letters or other analysis of the rationale underlying the conclusion that the May 27, 2025 memorandum does not apply to immigration court arrests. Please include a timeline that specifies when this determination was made and by whom, and who was informed of this determination.

• Take immediate disciplinary action, up to and including immediate termination, against any and all DHS employees who knowingly concealed the immigration court exemption from the 2025 ICE Guidance, or permitted the DOJ to misrepresent this guidance to a federal court.

• Provide a detailed accounting of all arrests conducted at or near immigration courthouses since the hidden memo was issued, including the current status of those detainees.

• Provide a detailed accounting of all arrests, detentions and deportations by immigration court facility, as well as the current status of each individual that was arrested and detained at or near immigration court facilities since May 1, 2025.

In addition to these requests, I am requesting an in-person briefing with DHS and ICE leadership to address and discuss this serious matter directly. Please coordinate with my staff so we can determine mutual availability and meet as soon as possible.

Please respond to these requests no later than April 3, 2026.

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