Judge Scolds Trump Admin for Violating Constitution Over ICE Detention

Court finds ICE failed to follow required procedures when revoking Cuban national's supervised release

Mar. 18, 2026 at 11:18am

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A federal judge has admonished the Trump administration for violating procedural due process when it detained a Cuban national without following required agency procedures, though the court stopped short of ordering his immediate release.

Why it matters

This case highlights ongoing tensions between the courts and the Trump administration over immigration enforcement, with judges increasingly pushing back against what they see as procedural lapses by federal agencies like ICE.

The details

The judge found that ICE violated both the Constitution and its own regulations when it revoked the supervised release of Roberto Francisco Franco Rodriguez without giving him notice or an opportunity to respond. While ICE issued a notice of revocation, the court noted the agency failed to conduct the required "informal interview" after taking him into custody, denying him procedural due process.

  • In November, during a routine ICE check-in, officers detained Rodriguez without prior notice and revoked his supervised release.
  • The judge has ordered ICE to hold the required interview by April 3 or else release Rodriguez.

The players

Judge Kyle C. Dudek

A U.S. District Judge for the Middle District of Florida who ruled that ICE violated Rodriguez's constitutional rights.

Roberto Francisco Franco Rodriguez

A Cuban national who had been living in the U.S. under ICE supervision for over 20 years after being ordered removed, until ICE recently revoked his supervised release.

Immigration and Customs Enforcement (ICE)

The federal agency that detained Rodriguez and revoked his supervised release without following required procedures.

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What they’re saying

“Rodriguez has proven a constitutional violation—the government cut corners and denied him the process he was due.”

— Judge Kyle C. Dudek, U.S. District Judge

“A belated review months after the jail cell door slams shut is cold comfort. Even ICE's own rulebook recognizes that taking away a person's conditional liberty—especially after decades of compliance—requires far more procedural rigor than a silent, unilateral fiat.”

— Judge Kyle C. Dudek, U.S. District Judge

What’s next

The judge has ordered ICE to hold the required interview by April 3 or else release Rodriguez.

The takeaway

This case highlights ongoing tensions between the courts and the Trump administration over immigration enforcement, with judges increasingly pushing back against what they see as procedural lapses by federal agencies like ICE in detaining individuals without following required protocols.