The rulings mainly stem from a two-page ICE memo issued in July 2025 that ordered an expansive interpretation of the agency’s interpretation of a 1996 immigration law.
The Trump administration’s expansion of ICE detention authority, applied for the first time to long-term residents with no criminal records, has drawn a fierce judicial backlash, with nearly 500 federal judges ruling against the policy even as the agency continues to detain thousands, Politico reported.
The rulings mainly stem from a two-page ICE memo issued in July 2025 that ordered an expansive interpretation of the agency’s interpretation of a 1996 immigration law. The policy allows ICE to detain longtime immigrants without giving them a chance to seek bond while treating them similarly to immigrants who had crossed the border recently.
According to an analysis of over 16,000 cases, exactly 469 judges have concluded that the updated policy violates established detention law. 54 judges have sided with the administration’s interpretation, with roughly three-quarters of those judges appointed by President Trump.
The policy has placed notable pressure on federal courts, with judges in states like California, Minnesota, Illinois and New Jersey facing a sharp increase in habeas corpus petitions filed by immigrants who have been detained following their illegal crossing into the United States.
To put it in perspective, one California district reported just four immigration habeas cases in 2021. By May of this year, the district had received 675 cases.
The administration has defended the policy and argues that longstanding federal law allows the government to impose broad authority on mandatory detention.
“This administration remains fully determined to carry out the president’s immigration priorities,” the Justice Department said. “Legal challenges from activist judges will not deter the Department of Justice from enforcing the law and restoring order to our immigration system.”
The overall dispute has now lost in six appeals courts, with two ruling in favor of its position. The matter is now likely to go to the Supreme Court.
In the meantime, ICE has continued increasing arrests, which may lead to another surge in immigration-related lawsuits as more detainees challenge the Trump administration’s policies.
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