I think the concern is that this on its face seems like a pretty egregious thing for an administration to do in a politically motivated fashion.
It seems like they are pushing the bounds of what the public is willing to put up with. I think that trying to rationalize the best argument of their case, is doing their work for them, and the administration has regularly demonstrated themselves to be bad-faith actors.
All of this is to say, that my knee-jerk is to say the administration is wrong, and let cooler heads prevail in the follow-up if that's not the case. Because I have yet to see the case where the administration wasn't overstepping their authority WRT ICE.