The rulings challenge Trump’s departure from decades-old policy that allows immigrants living in the United States to remain free on bail while their cases are pending. Despite these court rulings, the government continued to jail people indefinitely.
“It is astounding that the administration insists on asking this court to redefine or outright ignore existing law as it is clearly stated,” U.S. District Judge Thomas Johnston, a George W. Bush appointee, wrote in a recent case involving a Venezuelan detainee.
The surge in cases has overwhelmed the Justice Department, forcing lawyers who normally handle criminal cases to instead defend immigration cases. Court records show the Justice Department has more than 700 attorneys handling immigration cases, including five attorneys each handling more than 1,000 habeas corpus cases.
The crackdown affected many immigrants who had no criminal records. Recent cases include a five-year-old Ecuadorian boy detained in a Minnesota driveway, a Ukrainian man with valid humanitarian status and the Salvadoran father of a U.S. citizen child with autism.
Some detainees face significant obstacles in seeking relief. Many people cannot afford a lawyer, and a habeas corpus petition can cost up to $5,000. Others are unaware of their rights to bring such cases or have difficulty finding legal representation.
However, the government defended its actions. White House spokesperson Abigail Jackson said they are “working to lawfully fulfill President Trump’s authority to enforce federal immigration laws.” Department of Homeland Security spokesperson Tricia McLaughlin accused “activist judges” of trying to block Trump’s deportation agenda.
This situation resulted in a breach of the court order. In Minnesota, judges found the government violated 96 orders in 76 cases. Similar violations were reported in New York, where a judge had to issue an emergency ruling to prevent detainees from being transferred to other states.