Judge Rebukes Trump Lawyers' Defense of ICE Migrant Detentions

Federal judge says ICE illegally denied migrants chance to challenge removal orders

Published on Feb. 23, 2026

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A Virginia federal judge accused Immigration and Customs Enforcement of illegally denying migrants the opportunity to challenge removal orders and said federal prosecutors are struggling to justify these actions. The judge ordered the release of three migrants who filed habeas petitions challenging their detentions.

Why it matters

This case highlights ongoing legal battles over immigration detention policies and the due process rights of migrants under U.S. law. The judge's rebuke of the government's defense of its actions raises concerns about potential civil liberties violations and the treatment of vulnerable populations in the immigration system.

The details

Judge Patricia Tolliver Giles of the Eastern District of Virginia said in court that the government "failed to follow its own regulations" in revoking a migrant's prior order of supervised release without explanation, violating his due process rights. Giles ordered the release of that migrant as well as two additional migrants who had filed habeas petitions challenging their detentions.

  • The court hearing took place on Monday, February 23, 2026.

The players

Judge Patricia Tolliver Giles

A federal judge in the Eastern District of Virginia who was appointed by President Joe Biden.

Immigration and Customs Enforcement (ICE)

The federal law enforcement agency responsible for enforcing immigration laws in the United States.

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What they’re saying

“The government failed to follow its own regulations”

— Judge Patricia Tolliver Giles, Federal Judge (Court proceedings)

What’s next

The judge's rulings will likely be appealed by the government, setting up further legal battles over the detention policies at the heart of this case.

The takeaway

This case underscores the ongoing tensions between immigration enforcement and the due process rights of migrants, with the judge's rebuke of the government's actions raising concerns about potential civil liberties violations in the immigration system.