Trump-Appointed Judge Rules Immigrant's Detention 'Unlawful'

Judge orders immediate release of Brazilian man held by ICE, rejecting government's 'mandatory detention' policy

Published on Feb. 22, 2026

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A federal judge in Indiana, appointed by former President Trump, has ordered the immediate release of a Brazilian immigrant named Robert Mendes Barbosa, ruling that his detention by Immigration and Customs Enforcement (ICE) was 'unlawful' under federal immigration law. The judge rejected the Trump administration's controversial policy of 'mandatory detention' for certain immigrants, finding that it does not apply in this case.

Why it matters

This ruling is the latest in a series of court decisions pushing back against the Trump administration's efforts to expand ICE's detention authority, which advocates argue violates immigrants' constitutional rights. The case highlights the ongoing legal battles over immigration enforcement policies and the role of the judiciary in checking executive power.

The details

Mendes Barbosa entered the U.S. near San Diego in 2024 and was initially released on his own recognizance, but was later arrested by ICE in Boston in January 2026 and transferred to a detention facility in Miami. He argued his detention violated federal immigration law and his constitutional rights. The judge, Damon R. Leichty, agreed, finding that the government failed to show the legal prerequisites for a warrantless arrest and detention under the relevant statute. Leichty has rejected the administration's 'mandatory detention' policy in multiple prior rulings.

  • Mendes Barbosa entered the U.S. near San Diego in 2024.
  • Mendes Barbosa was arrested by ICE in Boston in January 2026 and transferred to a detention facility in Miami.

The players

Robert Mendes Barbosa

A Brazilian immigrant who was detained by ICE and argued his detention was unlawful.

Damon R. Leichty

A federal judge in Indiana who was appointed by former President Trump and ruled that Mendes Barbosa's detention was 'unlawful' under federal immigration law.

Immigration and Customs Enforcement (ICE)

The federal agency that detained Mendes Barbosa and sought to justify his detention under the Trump administration's 'mandatory detention' policy.

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What they’re saying

“Both noncitizens and the government alike must comply with the laws as they exist, as written and as they must work within constitutional demands.”

— Judge Damon R. Leichty (lawandcrime.com)

What’s next

The judge has ordered Mendes Barbosa's immediate release, giving the detention facility warden until Thursday to comply with the order.

The takeaway

This ruling is the latest blow to the Trump administration's efforts to expand ICE's detention authority, with judges repeatedly rejecting the government's interpretation of immigration law. The case highlights the ongoing legal battles over immigration enforcement and the role of the courts in checking executive power.