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.

    • Duamerthrax@lemmy.world
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      6 hours ago

      Banality of evil

      Her thesis is that Eichmann was actually not a fanatic or a sociopath, but instead an average and mundane person who relied on clichéd defenses rather than thinking for himself,[16] was motivated by professional promotion rather than ideology, and believed in success which he considered the chief standard of “good society”.[17] Banality, in this sense, does not mean that Eichmann’s actions were in any way ordinary, but that his actions were motivated by a sort of complacency which was wholly unexceptional.[18]

      • marzhall@lemmy.world
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        1 hour ago

        And notably, Trump did to ICE what was done to Eichmann: create insane goals for deportation which by their nature required inhumanity, and then just let the machine crank as everyone in ICE fought to meet those unreasonable goals so they could argue for promotions etc.

        That said, two weekends ago I was knocking doors trying to get a town to act against its police using its city council, where the police had made a deal with ICE to do immigration enforcement; months before that I was chatting with my local city rep about removing our city police’s ability to talk to ICE, which we won. So shit is moving, and you can get in the way, but you need to look around your area for groups to join, and it’s gonna require awkward, weird behaviors we forgot when we sank into our TV as a society and forgot about community action.

  • BarneyPiccolo@lemmy.today
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    1 day 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.

    • BillCheddar@lemmy.world
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      2 hours 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.

    • DillDough@lemmy.zip
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      12 hours 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.

  • jpreston1986@lemmy.world
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    1 day ago

    “We can sort of win the battle, but we’re going to lose the war. Because in the long run, they’re still going to be able to do what they want to do, which is arrest people and hold them for long periods of time,”

    You know, because fascism. Warrantless searches, denial of the right to trial, deporting random brown people to random countries just to appease the cruelest intentions of their cult leader.

    Jesus fucking christ go vote.

      • IamSparticles@lemmy.zip
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        2 hours ago

        No single candidate can. You need a controlling majority in both houses of the legislature to get anything significant done.

        • kestrel7_7@lemmy.world
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          9 hours ago

          For me, it was when Biden’s whole term he didn’t do much to stop Trump or roll back any of the crazy stuff he enacted after being elected on a mandate to do exactly that. I guess specifically the fact that nothing happened to Trump after J6 made me lose all hope in the US political/justice system.

          Like I’ll still vote for Democrats because it’s easy, but I have very little faith that it’ll improve anything.

          • Gpennyhigh@lemmy.world
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            The senate didn’t have 2/3 majority to do whatever Biden wanted so don’t blame Dems or Biden for things they couldn’t do. Simple majority is not enough. The justice department is separate from the president, or supposed to be. It’s not just Biden wins and does whatever he wants. Maybe it seems that way to some who have seen how orange operates illegally, but that’s wrong and not normal for decent presidents. I’m glad you’ll still vote for Dems, but understand what they can do w/o presidency for 2 years, and then they need to win president and enough majority of congress to pass big things. Can’t do that if people don’t understand all this and randomly swing back and forth like dead leaves in the wind.

          • europeancricket@lemmy.world
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            13 hours ago

            because the two party system is generally flawed. The republicans take two huge steps back and then they let the democrats do nothing for 4-8 years before continuing their path towards totalitarianism.

            • Gpennyhigh@lemmy.world
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              What can Dems do w/o enough majority with the presidency, or for the next two years w/o presidency and no 2/3 senate? Yes, maga causes regression for the majority each time so people need to make sure they don’t win anymore, but they don’t, they think big daddy will fix all their troubles from the bad minorities!!

    • azimir@lemmy.ml
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      Do you think an organization already acting illegally would care about the court’s contempt? Who will make them care?

    • Nouvellalia@lemmy.world
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      I said this to them and they pepper sprayed me and put a gun up to my temple and sexuality assaulted me and my daughter to punish me for speaking.

      Apparently “you are in contempt” isn’t able to stand against violence and destruction. Who knew? I wonder what does?

    • Malica@lemmy.zip
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      There is no more social contract and no more law. The sooner people accept this, the better.

    • Manjushri@piefed.social
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      1 day ago

      The courts holding them in contempt just means the feeling is mutual.

      Seriously though, the article says that some judges have held immigration officials in contempt, but didn’t say what that meant. were they arrested? Fined?

      • Pratai@piefed.ca
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        20 hours ago

        It means nothing. If there exists no one to uphold a law, or to hold someone accountable for breaking said law, then the law doesn’t exist- but only for them.

        We still have to abide all laws past present and made up by the chickenshit coward hiding in the Shite House.

    • Maeve@kbin.earth
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      22 hours ago

      In Louisiana, in the case of another client of Pranzatelli, a federal judge held a senior federal immigration official in contempt of court for violating orders, demanding Ibrahim Mohammed’s release after he had been re-arrested three times by ICE, as first reported by the Banner. Two other federal judges, in Pennsylvania and Minnesota, have also held federal immigration authorities in contempt or threatened to do so.

      Attorneys believe that certain re-detentions are connected to the Trump administration’s push to deport people to third countries.

      “It’s really tethered to the explosion of third country agreements with primarily African nations in the past four months,” said Susanna Booth, senior attorney at Amica Center for Immigrant Rights, based in Washington DC.

      The Trump administration is increasingly sending immigrants who cannot be removed to their home countries, either because the country will not accept them or they have protections from being deported there, to another country entirely, where they don’t hold citizenship and often have no ties. In the past, these immigrants were essentially safe from deportation.

  • brvslvrnst@lemmy.ml
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    1 day ago

    Just hitting those quotas because no one said arresting the same people didn’t count.

  • DjangoFett@lemmy.zip
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    So its the “law enforcement” equivalent ofa petulant child spreading the peas around on the plate to make it look like they ate more than they did, except the peas are human beings and instead of a petulant child its… Well, a petulant child with frightening power over others.

    Worst timeline.