DOJ Admits Court Error But DHS Confirms ICE Arrests [2026]

DOJ Admits Court Error But DHS Confirms ICE Arrests [2026]

In 2026, the Department of Justice admitted a material mistaken statement of fact before Judge Kevin Castel regarding ICE arrests at immigration hearings. Despite this admission, the Department of Homeland Security confirmed there will be no change in policy, and ICE will continue making arrests at immigration court. This update is critical for immigrants attending hearings in North Carolina, Florida, and nationwide. If you are a Dreamer or other immigrant facing court, understanding these developments and your rights is essential. Vasquez Law Firm is here to help you navigate this complex situation with bilingual support and aggressive representation.

Understanding DOJ Admission and ICE Arrest Policy

In early 2026, the Department of Justice (DOJ) made a public admission before Judge Kevin Castel acknowledging a "material mistaken statement of fact" related to ICE arrests at immigration hearings. This admission came after scrutiny over claims made by DOJ attorneys regarding the scope of ICE's authority to arrest individuals during immigration court proceedings.

It is important to clarify that the ICE memo cited during these hearings, which some believed limited arrests at courts, does not actually apply to immigration court settings. This memo mainly addresses ICE operations outside of courtrooms and does not restrict ICE agents from making arrests during or immediately after immigration hearings.

The Department of Homeland Security (DHS), which oversees ICE, issued statements emphasizing that there is "no change in policy" despite the DOJ's admission. ICE will continue its enforcement actions at immigration courts across the country, including in states like North Carolina and Florida where Vasquez Law Firm provides representation.

Understanding this context is vital for immigrants attending court hearings in 2026. While the DOJ's admission highlights a factual error, it does not affect ICE's operational policies or the risks immigrants face when attending their hearings.

Furthermore, the acknowledgment of this error underscores the importance of transparency and accuracy in legal proceedings. The incident has sparked discussions about the accountability of governmental agencies in providing clear and truthful information, particularly when it affects the lives of vulnerable communities.

For legal practitioners, this situation emphasizes the necessity of staying informed about policy changes and their implications. Attorneys must vigilantly monitor updates from both the DOJ and DHS to ensure their clients receive accurate guidance and representation in such a fluid legal landscape.

What This Means for Immigration Court Attendees

For immigrants in North Carolina, Florida, and nationwide, the DOJ's admission does not grant immunity from ICE arrests during immigration hearings. ICE agents will maintain their presence in courtrooms and may detain individuals after their hearings conclude.

This means attending immigration court carries ongoing risks. Immigrants should be vigilant, prepared, and know their rights to minimize the chance of unexpected detention. Many immigrants, including Dreamers, rely on legal counsel to help navigate these challenges and advocate on their behalf.

It is also important to note that immigration courts operate under federal jurisdiction, and local state laws do not alter ICE's authority to make arrests in these settings. Therefore, even in Smithfield, North Carolina, or Florida cities, ICE's enforcement at court remains consistent with federal mandates.

Vasquez Law Firm strongly advises immigrants to attend all scheduled hearings, despite the risks, and to seek experienced legal advice to prepare adequately for these situations.

For those with pending cases, understanding the current enforcement climate is crucial. Legal advice should be sought immediately if there are any uncertainties or questions about one's status or the implications of attending a hearing. The potential for arrest underscores the importance of having a robust legal plan and a knowledgeable attorney who can provide timely intervention if needed.

Immigrants should also be aware of the resources available to them, including community support groups and legal aid organizations that can provide additional assistance and guidance. Building a network of support can be invaluable in navigating the complexities of immigration proceedings.

Step-by-Step: How to Prepare for Your Immigration Hearing

1. Gather All Necessary Documents: Collect identity papers, immigration forms, evidence supporting your case, and any notices received from the court.
2. Know Your Rights: Understand that you have the right to legal representation and to remain silent during ICE questioning.
3. Consult an Immigration Attorney: Reach out to a qualified lawyer, such as those at Vasquez Law Firm, who can guide you through the process and represent you in court.
4. Prepare for Possible ICE Presence: Be aware that ICE officers may be present during hearings and could arrest attendees.
5. Attend All Hearings Promptly: Missing court dates can lead to deportation orders. Always appear on time and notify your attorney if you cannot attend.
6. Stay Calm and Composed: If confronted by ICE agents, remain calm, avoid voluntary statements, and ask to speak with your attorney immediately.
7. Secure a Support Network: Have a trusted family member or friend aware of your hearing schedule who can check in with you afterward.
8. Review Your Case Regularly: Keep abreast of any changes in your case by maintaining regular contact with your attorney and reviewing any new documents or notices.
9. Understand Potential Outcomes: Discuss with your attorney the possible outcomes of your hearing and prepare for each scenario to reduce anxiety and surprise.

Common Mistakes to Avoid During Immigration Hearings

• Missing Hearings: Skipping court dates can result in removal orders. Fix: Always attend or inform your lawyer in advance.
• Failing to Seek Legal Help: Going alone can increase risks. Fix: Consult experienced immigration attorneys.
• Not Understanding Your Rights: Speaking without counsel may harm your case. Fix: Know your rights and exercise them.
• Ignoring ICE Officers in Court: Underestimating ICE presence can lead to surprise arrests. Fix: Always be prepared for ICE enforcement.
• Submitting Incomplete Evidence: Weak documentation reduces chances of success. Fix: Organize all relevant paperwork thoroughly.
• Delaying Legal Action: Waiting too long can limit options. Fix: Act promptly after receiving court notices.
• Failing to Update Contact Information: Courts need to reach you for notices. Fix: Always provide accurate, updated contact info.
• Overlooking Language Barriers: Miscommunication can lead to misunderstandings. Fix: Use an interpreter if needed and ensure all documents are translated correctly.
• Disregarding Emotional Preparedness: Stress can affect performance. Fix: Engage in stress-reducing activities and mental preparation before hearings.

If you only remember one thing: Attend all hearings with legal counsel and be prepared for possible ICE arrests despite recent DOJ admissions.

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About Vasquez Law Firm

At Vasquez Law Firm, we combine compassion with aggressive representation. Our motto "Yo Peleo" (I Fight) reflects our commitment to standing up for your rights.

• Bilingual Support: Se Habla Español - our team is fully bilingual
• Service Areas: North Carolina, Florida, and nationwide immigration services
• Experience: Over 15 years helping clients navigate complex legal matters
• Results: Thousands of successful cases across multiple practice areas

Attorney Trust and Experience

Attorney Vasquez holds a Juris Doctor degree and is admitted to practice in both the North Carolina State Bar and Florida Bar. With over 15 years of dedicated legal experience, he has built a reputation for providing personalized attention and achieving favorable outcomes for his clients.