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.

  • Maeve@kbin.earth
    4·
    20 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.