Surge of ICE Detainees Challenging No-Bond Detention Floods New Mexico Federal Courts

Hundreds of immigrants held without bond are turning to New Mexico federal judges as habeas petitions spike under Trump-era policy.

Apr. 5, 2026 at 8:19pm

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The Trump administration's no-bond detention policy for immigrants has spurred hundreds of petitions from detainees seeking relief from New Mexico's federal courts. Court records show that to meet the demand, criminal prosecutors at the U.S. Attorney's Office in New Mexico have been assigned to defend the detention policy for the government, a departure from the typical civil division representation.

Why it matters

The surge in habeas corpus petitions filed by immigrants held without bond highlights the legal and humanitarian challenges posed by the Trump administration's hardline immigration policies. The cases raise questions about due process and the impact of prolonged detention on individuals who may have lived and worked in the U.S. for years.

The details

As of last Thursday, the number of habeas corpus petitions filed in New Mexico topped 800 since the policy was enacted last July, according to data from the nonprofit Immigration Justice Transparency Initiative. The petitioners, typically those who have lived and worked in the U.S. for some time, are usually granted at least a bond hearing when their petitions are considered by New Mexico judges. Sometimes, they are released pending a bond review to see if their circumstances have changed to require incarceration.

  • The no-bond detention policy was enacted in July 2025.
  • The number of habeas corpus petitions filed in New Mexico topped 800 as of last Thursday.
  • From 2020 to 2024, roughly a dozen such petitions were filed, compared to more than 400 from January 1 to the end of February 2026.

The players

U.S. Attorney's Office in New Mexico

The office has assigned criminal prosecutors to defend the detention policy for the government, a departure from the typical civil division representation.

Immigration Justice Transparency Initiative

A nonprofit organization that provided data showing more than 34,590 habeas corpus petitions have been filed nationwide by individuals arrested by U.S. immigration authorities and held without bond pending removal.

Chief U.S. District Judge Kenneth J. Gonzales

The chief judge of the U.S. District Court for the District of New Mexico, who stated that the court has "never seen this volume of habeas petitions, especially in such a short time."

Ryan Ellison

The first assistant U.S. Attorney for New Mexico, who declined to comment on internal staffing or attorney assignments but stated the office will fulfill its legal obligations in responding to court filings, including habeas corpus petitions.

Jack Burkhead

A veteran federal prosecutor in New Mexico who is listed as having represented the government in several habeas corpus petitions, in addition to handling a high-profile death penalty case.

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What they’re saying

“We've never seen this volume of habeas petitions, especially in such a short time. Every petition is critically important because it involves an individual's liberty. As a result, the judges are considering each petition with appropriate priority, but this is an added challenge because of the increased criminal immigration cases and other serious criminal cases on our dockets.”

— Kenneth J. Gonzales, Chief U.S. District Judge

“Consistent with (Department of Justice) policy, we do not comment on internal staffing or attorney assignments. The U.S. Attorney's Office will fulfill its legal obligations in responding to court filings, including habeas corpus petitions, while continuing to exceed prior prosecution levels.”

— Ryan Ellison, First Assistant U.S. Attorney for New Mexico

What’s next

The U.S. District Court for the District of New Mexico will continue to prioritize the review of the hundreds of habeas corpus petitions filed by immigrants held without bond, as the legal challenges to the Trump-era detention policy move through the courts.

The takeaway

The surge in habeas corpus petitions in New Mexico highlights the significant legal and humanitarian impact of the Trump administration's hardline immigration policies, which have led to the prolonged detention of hundreds of immigrants without bond hearings. The cases raise important questions about due process and the rights of individuals who have lived and worked in the U.S. for years.