Federal judges across the United States have ruled more than 4,400 times since October that Immigration and Customs Enforcement unlawfully detained immigrants, according to a Reuters investigation based on a nationwide review of court records. In at least 4,421 cases, more than 400 federal judges determined that individuals were being held in violation of immigration law or constitutional protections.
The rulings have emerged during a sharp expansion of detention under President Donald Trump’s second administration. This month, the number of people in ICE custody reached 68,000, a 75 percent increase from when Trump took office. By mid-2025, the administration had begun pressing for a daily arrest quota of 3,000 people, aiming to reach 1 million arrests annually.
As detention levels climbed, so did legal challenges. Since the beginning of Trump’s term, immigrants have filed more than 20,200 habeas corpus petitions in federal court. These filings argue that individuals were being held indefinitely without trial in violation of the Constitution. Last month alone, more than 6,000 habeas petitions were submitted. Prior to the second Trump administration, no month dating back to 2010 had recorded even 500 such petitions.
The surge in litigation reflects a policy shift. Reuters reported that the administration has increasingly detained individuals while their immigration cases move through the system. Under previous administrations, immigration enforcement agents who detained someone without documentation and without a criminal record would typically release that person on bond while the case proceeded. The current approach has kept many such individuals in custody for extended periods.
According to a recent report from the American Immigration Council, the administration’s arrest practices have led to a 2,450 percent increase in people with no criminal record being held in ICE detention on any given day. Reuters found that the scale of detention prompted detainees to file “more than 20,200 federal lawsuits demanding their release since Trump took office,” contributing to what it described as a “legal logjam.”
Court rulings have not always resulted in immediate release. Reuters reported that, in part due to the volume of legal challenges, the administration has often failed to comply with court orders, leaving individuals detained even after judges directed that they be freed.
The Department of Homeland Security has defended the enforcement strategy and attributed the spike in litigation to judicial resistance. Tricia McLaughlin, a DHS spokesperson, told Reuters that the increase in lawsuits came as “no surprise” because “many activist judges have attempted to thwart President Trump from fulfilling the American people’s mandate for mass deportations.”
Judicial criticism, however, has not been confined to judges appointed by Democratic presidents. In West Virginia, US District Judge Thomas Johnston, appointed by former President George W. Bush, ordered the release of a Venezuelan detainee. In his written decision, Johnston stated: “It is appalling that the Government insists that this Court should redefine or completely disregard the current law as it is clearly written.”
In Minnesota, Chief US District Judge Patrick Schiltz, also appointed by Bush, documented nearly 100 court orders that ICE violated in a single month while deployed as part of the administration’s Operation Metro Surge. His ruling cataloged repeated instances in which court directives were not followed.
Appellate courts have also weighed in. Earlier this month, the conservative Fifth US Circuit Court of Appeals issued a 2-1 ruling holding that the administration could detain people whose immigration cases are actively moving through the system. The Fifth Circuit oversees Texas and Louisiana, states that contain some of ICE’s most populated detention centers. The decision marked a significant legal victory for the administration even as district courts nationwide continued issuing rulings that specific detentions were unlawful.
The Reuters findings have intensified scrutiny in Congress. Lawmakers have called ICE leaders to testify, and Democrats have sought to withhold funding in an effort to compel reforms to detention practices. Those efforts resulted in a partial shutdown beginning Saturday.
Following publication of the Reuters investigation, Rep. Ted Lieu of California directed a public question to Kristi Noem, the secretary of the Department of Homeland Security. “Why do your out-of-control agents keep violating federal law?” Lieu wrote. “I look forward to seeing you testify under oath at the House Judiciary Committee in early March.”
Beyond the courtroom, the impact of detention has extended into daily life for those released. One case highlighted in the Reuters review involved Joseph Thomas, an 18-year-old asylum seeker detained with his father in Wisconsin in December while they were driving on the father’s Walmart delivery route. Within a month, Chief Judge Schiltz ordered their release. Although Thomas returned home and resumed his education, Reuters reported that he is afraid to attend school in person and has instead continued his studies online.
With more than 68,000 people in ICE custody, over 20,200 habeas petitions filed since the start of the administration, and at least 4,421 rulings declaring detentions unlawful in just four months, federal courts have become a central venue for reviewing immigration enforcement practices. Judges appointed by presidents of both parties have issued thousands of decisions scrutinizing prolonged detention policies.
As Judge Johnston wrote in his ruling, “It is appalling that the Government insists that this Court should redefine or completely disregard the current law as it is clearly written.”
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