"The federal government's relationship with the truth in the Trump II era when standing in front of a federal judge continues to be, let's say, flexible. In African Communities Together v. Lyons, the government had repeatedly represented in both briefing and oral argument, that ICE policy restricted immigration arrests in or near courthouses."
"The SDNY is now 'correct[ing] a material mistaken statement of fact,' which basically involves a litigation reset as the government has to withdraw chunks of its prior filings and conceded that the court's earlier decision will now have to be revisited."
"According to Clayton, it was only after months of litigation, briefing, and a judicial opinion already on the books that SDNY learned of the 'regrettable error' that 'appears to have occurred because of agency attorney error.'"
"Clayton's move here is both savvy and revealing. By documenting that SDNY lawyers relied on ICE's representations - and even got sign-off from ICE counsel - he's building a record that attempts to shield his office from judicial ire."
The U.S. Attorney's Office for the Southern District of New York acknowledged a major error in its representations about ICE's immigration arrest policy. The government had claimed that ICE restricted arrests near courthouses based on a 2025 guidance memo, which ICE later clarified did not apply to immigration courts. This admission necessitated a litigation reset, requiring the withdrawal of previous filings and a reevaluation of the court's earlier decision. The correction was attributed to agency attorney error, highlighting the importance of credibility for the SDNY.
Read at Above the Law
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