Hundreds of judges across the country have issued more than 4,400 rulings since October, finding that ICE unlawfully detained immigrants. Despite these findings, the Trump administration has continued to hold people in custody even after courts rejected the policy.
The court decisions, made in federal courts throughout the nation, focus on a key aspect of the administration’s immigration crackdown. This aspect involves mandatory detention without bond hearings for individuals arrested in the United States while contesting deportation. Many judges have concluded that the government’s approach conflicts with established interpretations of immigration law, which allow many detainees to seek release on bond while their cases are ongoing.
Even with the repeated rulings, ICE has continued to detain people for long periods. This includes cases in which courts ordered release or instructed the government to offer bond hearings. The number of people held by ICE has risen sharply. The number in custody has increased by about 75% since Trump took office, reaching around 68,000 people.
This rise in detention has led to more legal action and since 2017, habeas corpus petitions, which people use to challenge unlawful detention, have surged, with more than 20,200 filings. The Justice Department has redirected over 700 attorneys to handle these cases.
The Reuters review found that judges repeatedly determined federal officials did not comply with court orders. This includes continuing detention after negative rulings and transferring detainees to faraway locations. Attorneys for detainees and advocacy groups argue that these transfers can disrupt access to legal counsel and make it harder for families to find their relatives.
A different Reuters report from Friday highlighted a court case in Minnesota where U.S. District Judge Nancy Brasel ordered ICE to ensure detainees have access to legal counsel. She found that agency practices during Operation Metro Surge effectively blocked thousands from meeting with attorneys. Brasel’s order temporarily stopped certain out-of-state transfers and mandated confidential communication with lawyers.
The legal situation has also become uneven by region. The U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi, recently upheld the administration’s detention policy, even while hundreds of judges in other areas have deemed it unlawful. This ruling is significant because Texas and Louisiana have many detention facilities, and the administration has depended on transfers into the Fifth Circuit’s jurisdiction.
The administration defends its practices as lawful enforcement. Government lawyers argue that the policy is within their statutory authority and is vital to support the administration’s deportation efforts. Critics, including immigration attorneys, contend that the government’s approach removes basic legal protections and forces detainees to fight their cases from behind bars.
The expansion of detention has also come with significant increases in spending. ICE plans to spend $38.3 billion by year’s end on detention centers and processing under a plan that calls for new large detention facilities and regional processing sites.
The wave of rulings has not ended the legal battle, and judges continue to receive new detention challenges and issue new orders while the administration persists in enforcing its detention policy in many cases.
Trump has his administration has been shredding support even among Republicans for the immigration crackdown. While many are in full support of criminals being deported, the majority are non-criminals.
In addition, two Americans being shot dead by ICE has only made matters worse, forcing the Trump admin to make some changes.
