At Least 20 Cases Identified Nationwide; Lawyers Raise Concerns Over Possible Violations of Federal Court Orders
Sadia J. Choudhury:
— U.S. Immigration and Customs Enforcement (ICE) is re-arresting immigrants shortly after federal courts order their release from detention, raising serious legal concerns over compliance with judicial orders and the treatment of immigration detainees, according to an investigative report published by The Guardian on Monday, November 2.
The Guardian identified at least 20 cases nationwide over the past year in which immigrants were detained again after securing release through federal court petitions challenging their detention.
The cases were documented through court records, interviews with attorneys and media reports.
The legal petitions, known as habeas corpus, allow individuals to challenge the government’s authority to keep them in custody while their immigration cases are pending.
According to research cited by The Guardian from ProPublica, immigrants have filed more than 91,000 habeas corpus petitions. The number filed since January 25 reportedly exceeds the combined total during the previous three presidential administrations, including President Donald Trump’s first term.
Immigrants Detained Again After Winning Release
One case involved Akram Mahmoud Omar, a 77-year-old Palestinian man who suffered a heart attack while detained at an ICE facility in Louisiana. He was reportedly arrested again within 10 days of being released through a successful court petition.
In Minnesota, seven immigrants were reportedly taken back into custody by ICE officers before they could even leave the Whipple Federal Building detention facility near Minneapolis, despite having secured court-ordered releases.
Attorneys representing detainees say such actions may violate federal court orders.
In another Louisiana case, a federal judge held a senior immigration official in contempt of court after detainee Ibrahim Mohammed was reportedly re-arrested three times by ICE. The judge subsequently demanded his release.
Federal judges in Pennsylvania and Minnesota have also held immigration authorities in contempt or threatened similar action, according to the report.
Third-Country Deportations Raise Additional Concerns
Immigration attorneys believe some of the repeated arrests are connected to the Trump administration’s expanding policy of deporting certain immigrants to third countries rather than their countries of origin.
Under this approach, immigrants who cannot legally be returned to their home countries may face removal to other nations where they have no citizenship or established connections.
The Guardian reported that more than 25,000 noncitizens have been deported from the United States to countries other than their own, with some facing potential risks of persecution or torture.
Attorneys have raised concerns about the legal protections available to individuals facing such deportations.
In September, an appeals court ruled that the administration must provide adequate notice of third-country deportations and allow immigrants an opportunity to challenge their removal. However, the Supreme Court subsequently issued an emergency stay, allowing the administration to continue the deportations while the legal dispute proceeds.
Growing Legal Challenges
Immigration attorneys are increasingly seeking additional protections from federal judges, including advance notice before detainees can be transferred or deported.
Some lawyers are also preparing new habeas corpus petitions in anticipation of possible re-arrests.
Legal experts say the growing number of detention challenges has placed additional pressure on federal courts, with thousands of cases reportedly taking months to resolve, particularly in Louisiana and Texas.
The developments have intensified debate over immigration detention practices, federal judicial authority and the legal rights of noncitizens held by immigration authorities.
As litigation continues, immigration attorneys warn that individuals who successfully challenge their detention may still face renewed arrests and prolonged uncertainty over their legal status.
Source: The Guardian, November 2, 2026.
