Courts have ruled 4,400 times that ICE jailed people illegally. It hasn’t stopped.
Federal judges across the United States have issued thousands of rulings declaring that U.S. Immigration and Customs Enforcement (ICE) is detaining immigrants in violation of the law, yet the practice has continued without pause. According to a comprehensive review of court records conducted by Reuters, more than 400 federal judges have ruled at least 4,400 times since October that the current administration is holding individuals unlawfully.
The findings represent a significant judicial rebuke of the federal government’s intensified immigration enforcement strategy. The analysis of court data reveals that immigrant detainees have filed more than 20,200 federal habeas corpus lawsuits seeking release since the administration’s return to office. In at least 4,421 of those cases—nearly a quarter of the total filings—judges determined that ICE was holding individuals illegally as part of broader deportation efforts.
Legal experts note that the surge in rulings stems largely from the administration’s departure from a long-standing interpretation of federal law. For nearly three decades, legal precedent generally allowed immigrants already living in the U.S. to seek release on bond while their cases proceeded through the immigration court system. However, recent policy shifts have resulted in the indefinite detention of thousands of people who would have previously been eligible for release.
Despite the volume of court orders, authorities have continued to jail individuals for extended periods, even in instances where federal courts explicitly determined the detentions violated the law. The friction between the judiciary and the executive branch was highlighted in a recent opinion by U.S. District Judge Thomas Johnston in West Virginia. While ordering the release of a Venezuelan detainee, Judge Johnston wrote, “It is appalling that the Government insists that this Court should redefine or completely disregard the current law as it is clearly written.”
The administration has maintained that its actions are consistent with its executive mandate. White House spokesperson Abigail Jackson responded to inquiries about the rulings by stating that the administration is “working to lawfully deliver on the President’s mandate to enforce federal immigration law.” Government lawyers have argued in various court filings that the executive branch has broad discretion to detain individuals pending deportation proceedings, a stance that has met resistance in district courts nationwide.
The backdrop to these legal battles is a sharp increase in the overall population of immigration detainees. Under the current leadership, the number of people held in ICE detention has climbed to approximately 68,000 this month, representing an increase of about 75% compared to levels recorded when the administration took office last year.
Civil rights advocates argue that the volume of habeas corpus petitions reflects a systemic breakdown in due process. They point out that for every detainee who successfully navigates the complex federal court system to win a release order, there are likely many others who lack the legal resources to challenge their detention. The Reuters review indicates that while the courts are granting relief in thousands of individual cases, these rulings have not triggered a broader change in ICE’s detention policies.
As the standoff continues, legal analysts predict the conflict will likely escalate to higher appeals courts, potentially requiring the Supreme Court to clarify the limits of the executive branch’s power to detain immigrants without bond. Until then, the pattern of illegal detention—and the subsequent judicial orders to release detainees—appears set to continue.
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