Immigration and Customs Enforcement (ICE) is re-arresting immigrants after they have been released from detention following successful habeas corpus petitions in federal court. At least 20 such cases have been identified nationwide in the past year, prompting legal challenges and, in some instances, contempt of court findings against federal immigration officials. The surge in habeas petitions, exceeding 91,000 filings, more than during the previous three presidential administrations combined, reflects a growing effort by immigrants to challenge their detentions. Attorneys report a “sharp increase” in re-detentions occurring rapidly after court-ordered releases, sometimes in violation of those orders.
Akram Mahmoud Omar, a 77-year-old Palestinian man, was re-arrested by ICE within 10 days of his release following a habeas petition after suffering a heart attack in ICE detention. In Minnesota, seven immigrants were re-detained immediately upon exiting a federal building. Daniel Suitor, attorney to two of the men, stated, “I don’t think being taken out of a building and directly into the arms of four or more officers complies with the court’s order.”
The 10th US circuit court of appeals in Colorado recently denied the government’s attempt to dismiss a habeas petition, citing a “demonstrated pattern of re-detaining” non-citizens granted habeas relief. In Louisiana, a federal judge held a senior federal immigration official in contempt of court for repeatedly re-arresting Ibrahim Mohammed, despite court orders for his release. Similar contempt findings or threats have occurred in Pennsylvania and Minnesota.
Attorneys suggest these re-detentions may be linked to the Trump administration’s efforts to deport individuals to third countries, particularly in Africa. Bridget Pranzatelli, an attorney with the National Immigration Project, noted the increase in re-detentions, stating, “We’ve seen a very, very sharp increase in people who are released on habeas petitions, only to be very rapidly re-detained, often in violation of the federal court’s order.”
Our reading is that ICE is facing increasing legal scrutiny for its practices of re-detaining immigrants even after courts have ordered their release. The reported pattern of re-detention, sometimes immediately after release and in direct defiance of court orders, suggests a deliberate policy or widespread disregard for judicial rulings. The multiple contempt of court findings and threats further indicate a systemic issue, potentially linked to prior administration policies regarding deportations to third countries.
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