U.S. Immigration and Customs Enforcement (ICE) is facing renewed controversy after reports that it has been re-arresting immigrants who were previously ordered released from detention by federal courts.
According to an investigation by The Guardian, at least 20 people across the United States have been taken back into immigration custody after successfully challenging their detention in court.
The cases involve immigrants who filed petitions known as habeas corpus, a legal procedure that allows individuals to challenge the lawfulness of their detention before a federal judge.
According to data from ProPublica, more than 91,000 such petitions have been filed since January 2025, highlighting the growing number of legal disputes surrounding the Trump administration’s immigration enforcement policies.
Re-arrests just days after release
Particularly concerning are cases in which immigrants were taken back into custody only days after winning their legal battles.
One example is Akram Mahmoud Omar, a 77-year-old Palestinian man who suffered a heart attack while being held at an immigration detention facility in Louisiana. ICE reportedly arrested him again just 10 days after a federal court ordered his release.
In Minnesota, seven immigrants were reportedly taken back into custody before they could even leave the federal detention facility.
Bridget Pranzatelli, an attorney with the National Immigration Project, has raised concerns about cases in which authorities allegedly carry out new arrests despite existing court orders.
Federal judges challenge ICE practices
Federal courts have already intervened in some of these cases.
In Louisiana, a federal judge found ICE in contempt of court following the repeated arrests of an immigrant identified as Ibrahim Mohammed.
Attorneys believe some of the cases may be connected to the administration’s efforts to deport immigrants to third countries with which they have neither citizenship nor family ties.
However, legal experts emphasize that not every subsequent detention is automatically unlawful. Its legality depends on the individual circumstances and the specific terms of the court’s release order.
The growing number of cases has raised fundamental questions about the relationship between immigration enforcement and judicial authority in the United States.
For immigration attorneys, the central concern is increasingly clear: winning a legal battle against detention does not necessarily mean an immigrant is guaranteed to remain free.
