Courts rule thousands of times against ICE detentions despite ongoing crackdown

By Sabiu Abdullahi

A review of court records has shown that judges across the United States have repeatedly ruled against the detention practices of immigration authorities under President Donald Trump’s administration.

According to Reuters, findings indicate that since October, courts have issued more than 4,400 rulings that deemed the detention of immigrants by U.S. Immigration and Customs Enforcement (ICE) unlawful. The decisions represent a major legal setback for the administration’s aggressive immigration enforcement policy. Despite this, detentions have continued in many instances.

U.S. District Judge Thomas Johnston of West Virginia criticised the government’s position in one of the cases. He wrote, “It is appalling that the Government insists that this Court should redefine or completely disregard the current law as it is clearly written,” while ordering the release of a Venezuelan detainee.

Many of the rulings stem from the administration’s shift away from a long-standing interpretation of federal law. For nearly three decades, immigrants already residing in the United States could seek release on bond while pursuing their cases in immigration courts. The policy change has triggered widespread legal challenges.

In response, White House spokeswoman Abigail Jackson said the administration is “working to lawfully deliver on President Trump’s mandate to enforce federal immigration law.”

Data shows that the number of people held in ICE custody has surged to about 68,000 this month. That figure represents an increase of roughly 75 percent since Trump assumed office last year.

However, the administration recorded a legal victory at an appeals court in New Orleans. U.S. Circuit Judge Edith Jones ruled that earlier administrations’ limited use of detention powers did not eliminate the authority to expand their application. She stated that prior restraint “does not mean they lacked the authority to do more.”

Government officials argue that the spike in lawsuits was expected. Department of Homeland Security spokesperson Tricia McLaughlin said the trend came as “no surprise” and added, “especially after many activist judges have attempted to thwart President Trump from fulfilling the American people’s mandate for mass deportations.”

Court filings show that detained immigrants have submitted more than 20,200 federal lawsuits seeking release since Trump took office. Judges have ruled in at least 4,421 of those cases that ICE held detainees unlawfully.

One example involved Joseph Thomas, an 18-year-old Venezuelan student arrested during a traffic stop in Wisconsin alongside his father. Both men were asylum seekers with legal work authorisation. Their lawyer, Carrie Peltier, argued they were targeted for “driving while brown.” Judges later ordered their release.

Chief U.S. District Judge Patrick Schiltz ruled that Joseph’s detention was illegal. He cited a lack of proof that ICE possessed a warrant at the time of arrest. In a separate decision, U.S. District Judge Eric Tostrud affirmed that the teenager’s father qualified for a bond hearing. He wrote, “This raises an issue of statutory interpretation that courts in this District have repeatedly considered and rejected, and it will be rejected here as well.”

Legal experts say habeas corpus petitions have become the primary legal route for detainees seeking freedom. The constitutional mechanism allows individuals to challenge unlawful detention in court.

The wave of litigation has placed pressure on the justice system. More than 700 Justice Department attorneys are now assigned to immigration detention cases. Some have appeared in over 1,000 lawsuits each.

Judges have also faulted authorities for failing to comply with release orders. In Minnesota, Schiltz said the government violated 96 court orders across 76 cases. A federal prosecutor in the district later described the caseload as an “enormous burden” on government lawyers.

In New York, U.S. District Judge Nusrat Choudhury ruled that ICE violated two “clear and unambiguous orders” after transferring a detainee while misrepresenting his location to the court.

The Justice Department has defended its actions. Spokesperson Natalie Baldassarre said the administration “is complying with court orders and fully enforcing federal immigration law.” She added, “If rogue judges followed the law in adjudicating cases and respected the government’s obligation to properly prepare cases, there wouldn’t be an ‘overwhelming’ habeas caseload or concern over DHS following orders.”

Advocacy groups continue to assist detainees. Lawyers often wait outside immigration courts to file emergency petitions that prevent transfers to distant detention centres.

Still, many immigrants struggle to access legal relief due to cost or lack of awareness. Judy Rall, the U.S. citizen wife of a Venezuelan detainee, said she could not afford the legal fees required to file a habeas petition. Her husband remains in detention despite having no criminal record. Reflecting on their situation, she said, “Our home burnt down, and I had told them I needed him to come help,” adding, “I assume that is the reason.”

The growing number of lawsuits continues to test the capacity of the courts as legal battles over immigration detention intensify nationwide.