Judges Blast Trump Admin Over ICE Detention Tactics

Courts accuse immigration officials of defying orders to release detained migrants

Published on Feb. 10, 2026

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Judges across the country are growing increasingly frustrated with the Trump administration for violating or ignoring court decisions related to ICE's efforts to detain immigrants indefinitely. The administration has employed tactics like moving detainees between states to prevent them from filing lawsuits, keeping individuals locked up for weeks after a judge has ordered their release, and dumping them far from home without their possessions.

Why it matters

The judges' anger highlights the ongoing tensions between the administration's aggressive immigration enforcement policies and the courts' role in protecting the civil rights of detainees. The disputes raise concerns about the administration's willingness to abide by judicial rulings and the impact on the judicial system's ability to provide due process.

The details

Politico's analysis found numerous instances where ICE and the Trump administration appeared to defy or ignore court rulings regarding detained migrants. Common violations include continuing to hold detainees for days or weeks after judges have ordered their release, forcing courts to threaten contempt sanctions. Judges have also condemned ICE for transferring detainees between states to obstruct their ability to file legal challenges.

  • In late January, U.S. District Judge Michael Davis said there has been an "undeniable move by the Government in the past month to defy court orders".
  • On Tuesday, U.S. District Judge Jerry Blackwell noted that judges are increasingly having to issue highly specific release instructions to ensure ICE fully complies with court orders.

The players

U.S. District Judge Michael Davis

A Bill Clinton appointee in Minnesota who said the government has defied court orders in the past month.

U.S. District Judge Jerry Blackwell

A Joe Biden appointee in Minnesota who said judges now feel compelled to specify that ICE must not release detainees in dangerous conditions.

U.S. District Judge John Tunheim

A Minnesota-based Clinton appointee who ordered that a released detainee not be "left outside in dangerous cold".

U.S. District Judge John Gerrard

A Barack Obama appointee in Nebraska who is helping the backlog in Minnesota and blasted the administration's efforts "to frustrate judicial review by moving detainees around the country repeatedly".

U.S. District Judge Harvey Bartle III

A George H.W. Bush appointee in Pennsylvania who said the flood of lawsuits against ICE stems from the agency's "illegal actions".

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What they’re saying

“There has been an undeniable move by the Government in the past month to defy court orders or at least to stretch the legal process to the breaking point in an attempt to deny noncitizens their due process rights.”

— U.S. District Judge Michael Davis (Politico)

“Detention without lawful authority is not just a technical defect; it is a constitutional injury that unfairly falls on the heads of those who have done nothing wrong to justify it.”

— U.S. District Judge Jerry Blackwell (Politico)

“If we say, release the person immediately, then we learn that, having transported him to El Paso or New Mexico, you don't bring him back. We learn that somebody is put out on the street with just the clothes on their backs and has to figure out how to get back here when they should not have been arrested here in the first place, let alone flown halfway across the continent of North America.”

— U.S. District Judge Jerry Blackwell (Politico)

“Despite hundreds of similar rulings in this and other courts resoundingly in favor of the ICE-detainee petitioners, ICE continues to act contrary to law, to spend taxpayer money needlessly, and to waste the scarce resources of the judiciary.”

— U.S. District Judge Harvey Bartle III (Politico)

What’s next

The judges' frustration with the administration's tactics is likely to continue, with more court orders and potential contempt sanctions if ICE fails to comply.

The takeaway

The ongoing disputes between the courts and the Trump administration over ICE detention policies highlight the broader tensions over immigration enforcement and the role of the judiciary in protecting the rights of detainees. The judges' anger underscores the administration's apparent disregard for court rulings and the impact on the judicial system's ability to provide due process.