Courts rule thousands of ICE detentions unlawful under Trump crackdown

U.S. federal judges have ruled more than 4,400 times since October that U.S. Immigration and Customs Enforcement unlawfully detained immigrants under the Trump administration’s expanded immigration enforcement, according to a review of court records by Reuters.

The rulings represent a broad legal rebuke of Donald Trump’s immigration crackdown. Courts have repeatedly found that the administration abandoned a decades-old interpretation of federal law that allowed many immigrants already living in the U.S. to seek release on bond while their cases proceed.

Despite the rulings, ICE has continued holding people for prolonged periods, sometimes even after judges ordered their release.

Detention levels have surged to about 68,000 people, a roughly 75 percent increase from when Trump returned to office. The White House says it is acting within the law to fulfill the president’s mandate on immigration enforcement.

While a conservative federal appeals court in New Orleans recently sided with the administration in one case, most lower courts have rejected its position. In at least 4,421 cases, more than 400 federal judges ruled that ICE violated the law by denying detainees bond hearings or holding them without proper authority.

With limited alternatives, detained immigrants have filed over 20,200 lawsuits since Trump took office, seeking release from what they argue is unlawful detention. Judges in several states have found that the government failed to comply with court orders, leaving people jailed even after judges ruled in their favor.

Legal experts say the flood of cases has strained the Justice Department, forcing prosecutors to divert resources from criminal cases to defend immigration detentions.

While the Reuters analysis does not break down cases by nationality, Afghan immigrants have also been affected.

Advocacy groups and immigration lawyers have reported that some Afghans have been detained during routine ICE check-ins or traffic stops, despite having no criminal records and active immigration cases.

Like other detainees, Afghan nationals may be denied bond hearings under the administration’s stricter interpretation of detention laws, forcing them to file habeas petitions in federal court.