March 26, 2026


SDNY Corrects Misleading Information in Court, Throws ICE Under the Bus

In a significant turn of events, the U.S. Attorney's Office for the Southern District of New York (SDNY), under Jay Clayton's leadership, has taken a dramatic step in correcting a previous misinformation presented in court. A letter dated March 24 to Judge P. Kevin Castel revealed that the office admitted to a major error regarding ICE's policies on immigration arrests at courthouses.

The issue stems from the case African Communities Together v. Lyons, where the government had consistently argued, based on a 2025 ICE guidance memo, that ICE's policy limited immigration enforcement actions in or near courthouses. However, it was later revealed that this policy did not apply to immigration courts, leading to a significant misrepresentation in front of the federal judge.

The SDNY's letter did not only serve to correct this "material mistaken statement of fact" but also necessitated a retraction of previous filings and an acknowledgment that the court's prior decisions, based on the erroneous information, needed revisiting. This move is seen as an attempt by Clayton to protect the credibility of his office, which is paramount for the functioning of the SDNY.

Clayton's approach signals a clear attempt to distance his office from the oversight, suggesting that the error stemmed from 'agency attorney error' and highlighting that SDNY lawyers had relied on ICE’s representations with confirmation from ICE counsel. This strategic shift throws ICE under the bus, showcasing a severe internal breakdown within the federal government where one agency misleads another, subsequently misleading the judiciary.

The implications of this are profound, exposing a rift and pointing to significant lapses in communication and procedure within federal operations. It also raises questions about the accountability and reliability of representations made by government bodies in legal proceedings.

As the legal community and the public await Judge Castel's response to this development, the SDNY's attempt to salvage its reputation and rectify the records continues. This incident underscores the complex dynamics between different government agencies and the critical importance of accuracy and transparency in judicial proceedings. The fallout from this disclosure is yet to be fully realized, and the judicial and public reaction will likely shape future interactions and policies regarding courtroom representations by government entities.