Released immigrants face rapid re-arrest by ICE, sparking legal challenges

This trend has led to a surge in habeas petitions, with over 91,000 filed, surpassing numbers seen during the past three presidential administrations. A habeas corpus petition challenges the government’s right to detain an individual while their legal case proceeds.

Attorneys report a concerning pattern of individuals winning release only to be swiftly re-detained. Bridget Pranzatelli, an attorney with the National Immigration Project, stated, “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.”

One example involves Akram Mahmoud Omar, a 77-year-old Palestinian man who suffered a heart attack in ICE custody. He was re-arrested just 10 days after being released following a habeas petition. In Minnesota, seven immigrants were re-detained immediately after release from a federal building.

Legal challenges are mounting. A 10th U.S. Circuit Court of Appeals ruling in Colorado denied the government’s attempt to dismiss a habeas petition based on its power to re-detain, citing a “demonstrated pattern of re-detaining” individuals granted habeas relief. A federal judge in Louisiana held a senior ICE official in contempt of court for violating release orders, and similar actions have been threatened in Pennsylvania and Minnesota.

Attorneys suggest these re-detentions are linked to the Trump administration’s efforts to deport immigrants to third countries. Susanna Booth, a senior attorney at Amica Center for Immigrant Rights, noted, “It’s really tethered to the explosion of third country agreements with primarily African nations in the past four months.”

This practice involves sending immigrants who cannot be deported to their home countries to third countries where they may lack citizenship or ties. Over 25,000 non-citizens have been deported to countries other than their own, raising concerns about potential torture or persecution.

To counter this, attorneys are seeking court orders requiring advance notice before potential removal and proactively preparing second habeas petitions. Tess Hellgren, an attorney with the National Immigration Project, explained, “The court will say, for example, ‘The government needs to give us at least three days’ notice if they’re trying to remove this person [again]’.

Recently, some immigrants previously protected by withholding of removal are now eligible for asylum following a court ruling that overturned a Biden-era policy restricting asylum access for those who crossed the U.S.-Mexico border unlawfully. Joseph Giardina, a Louisiana immigration attorney, noted that his clients who were previously re-detained and threatened with deportation were subsequently granted asylum.

Despite these legal efforts, many immigrants face indefinite detention with no clear deportation plans, and habeas cases are facing lengthy delays, particularly in Louisiana and Texas.