ICE Re-arrests Immigrants After Habeas Corpus Release Wins
U.S. Immigration and Customs Enforcement is re-detaining immigrants who won habeas corpus petitions to facilitate rapid deportations via third-country agreements.
The United States Immigration and Customs Enforcement (ICE) is rapidly re-arresting immigrants who were granted release from detention after winning habeas corpus petitions. At least 20 cases have been identified nationwide over the past year, with some individuals re-detained within days or before they could exit federal buildings, including seven people at the Whipple federal building in Minneapolis.
Attorneys attribute this trend to the Trump administration's expanded use of third-country agreements, primarily with African nations, to deport non-citizens who cannot be returned to their home countries. This strategy has coincided with a surge in legal challenges, with over 91,000 habeas petitions filed. More petitions have been submitted since January 25 than during the previous three presidential administrations combined.
Federal courts have begun responding to these actions. The 10th US Circuit Court of Appeals denied a government attempt to dismiss a habeas petition, citing a "demonstrated pattern of re-detaining" non-citizens. Additionally, judges in Louisiana, Pennsylvania, and Minnesota have held immigration officials in contempt of court. Despite these lower court rulings, the Supreme Court of the United States granted an emergency stay that allows the government to continue quick third-country deportations.
