The 2nd US Circuit Court of Appeals in Manhattan heard arguments today in an appeal of a judge's decision to dismiss the claims against Ashcroft and Mueller.
The plaintiffs allege in a lawsuit that the pair had the FBI oversee a programme to detain the men on immigration violations and then pressure them into cooperating.
Lawyers for the plaintiffs claim Ashcroft and Mueller were aware of the abuses and allowed them to continue. Government lawyers say the officials never specified how the men should be treated so they can't be held liable.