Judges Slam Trump Administration for Holding Immigrants After Release Orders

Federal courts in California overwhelmed by surge of habeas petitions from detainees denied bond hearings

Apr. 19, 2026 at 12:18pm

A serene, cinematic painting of an immigration detention center in warm, golden light and deep shadows, conveying a sense of isolation and the complex legal battles unfolding within.The somber, isolated scene of an immigration detention center reflects the growing conflict between federal enforcement and detainees' constitutional rights.Adelanto Today

Federal judges in California are furious with the Trump administration for continuing to detain immigrants even after the judges have ordered their release. The Eastern District of California has received over 2,700 habeas petitions from immigration detainees in the last year, compared to just 18 in 2024, overwhelming the courts. Judges say many of the detainees should not be held and are entitled to due process, but the administration is using 'mandatory detention' to keep them locked up.

Why it matters

This case highlights the growing conflict between the federal government's immigration enforcement policies and the constitutional rights of detainees. The surge of habeas petitions is straining the court system and raising concerns about due process and the treatment of non-citizens in the U.S.

The details

The Trump administration implemented a policy last year requiring that all immigrants arrested by ICE be subject to 'mandatory detention,' even if they would normally be eligible for bond hearings. This has led to a flood of habeas petitions as judges order detainees released, only for the government to keep them locked up. One judge, Troy Nunley, has sanctioned a DOJ attorney for repeatedly failing to comply with his release orders. Nunley says the majority of the cases he sees involve people who should not be detained and are entitled to hearings.

  • In the last year, the Eastern District of California has received over 2,700 habeas petitions from immigration detainees, compared to just 18 in 2024.
  • The Trump administration's 'mandatory detention' policy went into effect in July 2025, four days after the President signed a bill earmarking $45 billion to expand immigration detention facilities.

The players

Judge Troy Nunley

The chief judge of the Eastern District of California, which has been overwhelmed by habeas petitions from immigration detainees. Nunley has sanctioned a DOJ attorney for failing to comply with his release orders.

Jonathan Yu

A Department of Justice attorney who was sanctioned by Judge Nunley for repeatedly failing to comply with court orders to release immigration detainees.

My Khanh Ngo

A senior staff attorney at the ACLU Immigrants' Rights Project, who says the Trump administration's 'mandatory detention' policy is unconstitutional and coercing people to give up their claims.

Judge Sunshine Sykes

A federal judge in California's Central District who has issued a fiery decision accusing the Trump administration of 'terror against noncitizens.'

Jean Reisz

The co-director of the USC Immigration Clinic, who says lawyers are struggling to keep up with the surge of habeas petitions and push judges to act swiftly.

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What they’re saying

“The Court is not persuaded.”

— Judge Troy Nunley, Chief Judge, Eastern District of California

“Detaining people and not giving them the chance to get out of detention is a way of coercing people to give up their claims.”

— My Khanh Ngo, Senior Staff Attorney, ACLU Immigrants' Rights Project

“These are our people, they reside in our district. They're entitled to the same due process that you and I are entitled to.”

— Judge Troy Nunley, Chief Judge, Eastern District of California

What’s next

The 9th U.S. Circuit Court of Appeals has blocked a previous decision that would have compelled the government to resume bond hearings for detainees. Experts say the fight over the Trump administration's 'mandatory detention' policy is likely headed to the Supreme Court.

The takeaway

This case highlights the growing tension between the federal government's aggressive immigration enforcement tactics and the constitutional rights of detainees. The surge of habeas petitions is overwhelming the court system in California, raising serious concerns about due process and the treatment of non-citizens in the U.S.