The U.S. Immigration and Customs Enforcement (ICE) is reportedly re-arresting immigrants who have been granted freedom by federal judges' rulings.
An investigative report has uncovered at least 20 such cases over the past year. In several instances, individuals were taken back into custody mere minutes after being released.
This issue was detailed in a report by The Guardian, which compiled data from court documents, lawyer interviews, and media reports to highlight the pattern.
Legal Challenges and Immediate Re-arrests
Though these individuals had favorable rulings through habeas corpus petitions—which allow them to challenge the legality of their detention in federal court—securing a release order hasn't always translated into actual freedom. Immigrants have been re-arrested almost immediately after judicial decisions were enacted.
A notable incident occurred in Minnesota. Seven immigrants were re-detained just as they were about to leave the federal building named Bishop Henry Whipple, near Minneapolis.
Impact of Immediate Custody
Minnesota Public Radio (MPR) confirmed these seven cases, documenting situations where affected individuals had received their belongings and signed release papers, only to be re-arrested by ICE agents.
Attorney Daniel Suitor, representing two of these immigrants, criticized the process where individuals are briefly freed only to be immediately surrounded and detained by multiple officers, questioning its legitimacy as a fulfillment of the release order.
Among the documented cases is that of Milton Saltos Velasquez, who was instructed to prepare for release on October 19 but was re-arrested before exiting. Alongside other immigrants, he was taken to a county jail in Kandiyohi. During transit, agents received orders to return, as one detainee required re-release.
Judicial Responses to ICE Practices
Federal Judge Jeffrey Bryan, involved in the Saltos case, criticized the practice of re-arresting individuals immediately after ordering their release, suggesting it might undermine the judicial protection offered by habeas corpus.
Another case involves Yader Cortez Andino, a Nicaraguan immigrant whose initial detention was deemed illegal by a federal judge. Although initially freed, he was re-arrested shortly after leaving the Whipple building, only to be released again later.
The investigation also highlighted Akram Mahmoud Omar’s experience, a 77-year-old Palestinian who suffered a cardiac issue while detained in Louisiana. His attorney, Bridget Pranzatelli, noted that Omar was re-arrested by ICE just ten days after gaining his freedom through habeas corpus.
Legal and Ethical Concerns
Pranzatelli, part of the National Immigration Project, reported a significant increase in re-arrests of individuals with favorable judicial resolutions, sometimes in direct contradiction to federal court orders.
Judicial responses have begun to emerge. In October, a federal appeals court in the Tenth Circuit denied a government petition concerning habeas corpus, citing the history of re-arrests of immigrants with favorable rulings.
In Louisiana, a federal judge found a senior immigration official in contempt for failing to comply with court orders related to Ibrahim Mohammed, who had been re-arrested three times. Courts in Pennsylvania and Minnesota have also questioned such actions and warned of potential sanctions for defying judicial decisions.
ICE's Stance and Legal Implications
The Department of Homeland Security (DHS) maintains that a judicial release order doesn’t permanently prevent ICE from re-arresting someone for immigration reasons. ICE officials, according to MPR, can conduct a new arrest if they adhere to the conditions of the relevant judicial resolution.
The legality of each new detention hinges on the specifics of the case, ICE's rationale, and the restrictions set by the court.
Attorneys interviewed by The Guardian suggest these actions may be tied to increased deportations to third countries, especially when immigrants can't be sent back to their homelands due to risks of persecution or torture. Some countries refuse to accept their nationals, complicating deportations.
Cuban Nationals Affected
The rising number of lawsuits highlights the scale of disputes over immigration detentions. ProPublica notes 91,246 habeas corpus petitions related to immigration from January 2025 to October 2026, documenting efforts to challenge detentions.
Cuban nationals have also been impacted. On October 2, ICE re-arrested Cuban Jean Marcell Pérez García, who had been in the U.S. for over 23 years and had a federal release order from Florida.
The court found Pérez García’s detention unjustifiably prolonged, yet ICE re-arrested him months later, citing a final deportation order and criminal history.
More recently, on October 27, a Nevada federal judge ordered the release of Cuban Yunior Roldán, specifying that ICE couldn't re-arrest him without showing changed circumstances making his deportation more foreseeable.
The judge also required procedural safeguards before any attempt to deport him to a third country, including notifications and opportunities to present risks of persecution or torture.
Frequently Asked Questions about ICE Re-arrests
Why is ICE re-arresting immigrants after court orders their release?
ICE claims that a judicial release order doesn’t permanently prevent them from re-arresting someone for immigration reasons. They argue that as long as they comply with the conditions of the judicial order, they can conduct a new arrest.
What legal actions are being taken against ICE's re-arrests?
Federal judges have begun responding to these practices. Some courts have criticized or sanctioned ICE for re-arresting individuals against court orders, and there are ongoing legal disputes challenging these actions.
How are habeas corpus petitions related to immigration detentions?
Habeas corpus petitions allow detained individuals to challenge the legality of their detention in federal court. A favorable ruling can lead to their release, although ICE has sometimes re-arrested individuals afterward.