Many are challenging their detention using habeas corpus filings only to be arrested again, in violation of court orders

Many are challenging their detention using habeas corpus filings only to be arrested again, in violation of court orders

ICE rapidly re-arresting immigrants released after winning court petitions Many are challenging their detention using habeas corpus filings only to be arrested again, in violation of court orders Cris Seda Chabrier in New York Mon 2 Nov 2026 07.00 EST Immigrants who have been granted release from detention after winning habeas corpus petitions in court are being re-arrested by US Immigration and Customs Enforcement (ICE).

The Guardian has identified at least 20 cases nationwide relating to people who were detained after being released on habeas corpus petition in the last year, according to court records, attorneys and media reports.

Increasing arrests and detentions have led to immigrants filing more than 91,000 habeas petitions as they seek to challenge their detentions, according to research by ProPublica. More petitions have been filed since 25 January than during the past three presidential administrations, including Trump’s first term, combined, the outlet found.

A petition of habeas corpus – Latin for “you shall have a body” – challenges in a federal court the government’s right to hold someone in custody while their main legal case is proceeding.

  • BarneyPiccolo@lemmy.today
    431·
    3 days ago

    If they re-arrest in contradiction of the judges orders, it should be a mandatory 5 year prison sentence for every ICE Ape involved in the situation, including any management who ordered it.

    • DillDough@lemmy.zip
      131·
      3 days ago

      5 years? The only way to deal with a Nazi is to kill it. Trump himself wrote an EO plainly stating the federal government will hunt down and kill anti-fascists… they want to kill you just because you want to jail them for being fascist fucks.

    • BillCheddar@lemmy.world
      14·
      2 days ago

      ehh…that sort of group punishment doesn’t really make sense here. Arresting someone you’ve been ordered to arrest isn’t inherently evil in the way that, say, killing someone you’ve been ordered to kill would be.

      It’s not reasonable to punish a cop (even an ICE agent) acting administratively in good faith. His or her bosses, up the chain, who make the decision? Yes, let’s go and get those fuckers. But if we want to get the ICE agents, it has to be for something else.