US Courts Deem Thousands of Immigrant Detentions Illegal Amid Rising Detainee Numbers

A Reuters investigation reveals that since October, United States courts have ruled at least 4,400 times that the US Immigration and Customs Enforcement (ICE) agency has detained immigrants illegally. Despite these rulings, the detention process has continued, leading to an increased number of individuals held in custody.

These judicial decisions present a broad legal challenge to the immigration policies of US President Donald Trump. Critics argue that the ongoing lengthy detentions, even after explicit court orders, raise serious questions about the government’s adherence to the rule of law.

Most of these rulings relate to the Trump administration’s shift in interpreting federal immigration law—a law that for nearly three decades allowed immigrants residing in the US to be released on bond during the review of their cases in immigration court. The current administration has discarded this interpretation, enabling wider detention practices.

Thomas Johnston, a US district judge in West Virginia, wrote last week when releasing a detained Venezuelan immigrant that the government’s insistence on ignoring the clear wording of the law is “horrifying.” He emphasized that the court cannot redefine or disregard an explicit law.

In response, Abigail Jackson, Deputy White House Press Secretary, stated that the administration is trying to “legally” implement the president’s directive to enforce federal immigration law. Tricia McLaughlin, a spokeswoman for the Department of Homeland Security, did not find the rise in lawsuits surprising and said some judges have attempted to block the implementation of the extensive deportation program.

Statistics indicate that the number of people detained by ICE this month has reached approximately 68,000—a 75% increase compared to when Trump took office last year. This rise has heightened concerns among immigrant rights groups about indefinite detentions and the strain on the US judicial system.

Meanwhile, last week, a federal appeals court in New Orleans issued a ruling perceived as favorable to the Trump administration, revoking the release of two Mexican men. Judge Edith Jones wrote that previous administrations’ lack of full use of a law does not imply a lack of authority for broader enforcement. Other appeals courts are expected to address this issue in the coming weeks.