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2d ago

Judges Nationwide Rebuke ICE Detentions as 5th Circuit Backs Trump Policy

A fresh 5th Circuit endorsement of mandatory detention in three states has deepened the split, increasing pressure for Supreme Court review.

Image
Joseph Thomas, 18, who migrated to the U.S. from Venezuela with his family in 2023, poses in his room in Saint Paul, Minnesota, U.S. February 7, 2026. REUTERS/Go Nakamura
Texas State Troopers line up during a protest at the South Texas Family Residential Center, where Adrian Conejo and his son Liam Conejo Ramos, who were detained by U.S. Immigration and Customs Enforcement (ICE) agents in Minnesota, are currently being held at the Dilley Immigration Processing Center, in Dilley, Texas, U.S., January 28, 2026. REUTERS/Antranik Tavitian/File Photo
Militza Maldonado, 55, who migrated to the U.S. from Venezuela with her family in 2023, carries a box of groceries delivered by a local charity group, in Saint Paul, Minnesota, U.S. February 7, 2026. REUTERS/Go Nakamura

Overview

  • Since October, more than 400 federal judges have issued at least 4,421 rulings finding ICE detentions unlawful, yet many detainees remained jailed after release orders.
  • ICE is holding roughly 68,000 people, about a 75% increase from last year, as courts document noncompliance including a Minnesota judge citing 96 violated release orders in 76 cases.
  • A 2–1 Fifth Circuit decision endorsed mandatory detention in Texas, Louisiana, and Mississippi, while some district judges there still ordered releases on due‑process grounds.
  • Detainees have filed over 20,200 habeas cases since Trump took office, straining DOJ resources and prompting judges to block rapid interstate transfers that hinder access to counsel.
  • Separately, a proposed Justice Department rule would cut Board of Immigration Appeals filing deadlines to 10 days and restrict case review, potentially narrowing detainees’ avenues for relief next month.