Hundreds of judges around the country have ruled more than 4,400 times since October that President Donald Trump’s administration is detaining immigrants unlawfully, a Reuters review of court records found.
The
decisions amount to a sweeping legal rebuke of Trump’s immigration crackdown.
Yet the administration has continued jailing people indefinitely even after
courts ruled the policy was illegal.
"It
is appalling that the Government insists that this Court should redefine or
completely disregard the current law as it is clearly written," U.S.
District Judge Thomas Johnston of West Virginia, an appointee of President
George W. Bush, wrote last week, ordering the release of a Venezuelan detainee
in the state.
Most of
the rulings center on the Trump administration’s departure from a nearly
three-decade-old interpretation of federal law that immigrants already living
in the United States could be released on bond while they pursue their cases in
immigration court.
White
House spokeswoman Abigail Jackson said the administration is "working to
lawfully deliver on President Trump’s mandate to enforce federal immigration
law."
Under
Trump, the number of people in ICE detention reached about 68,000 this month,
up about 75% from when Trump took office last year.
A
conservative appeals court in New Orleans last week gave the Trump
administration a victory in its drive to lock up more immigrants. Just because
prior administrations did not fully utilize the law to detain people “does not
mean they lacked the authority to do more,” U.S. Circuit Judge Edith Jones
wrote in a decision reversing rulings that led to the release of two Mexican
men. Both remain free, their lawyer said.
Other
appeals courts are set to take up the issue in the coming weeks.
Tricia
McLaughlin, a Department of Homeland Security spokesperson, said the increase
in lawsuits came as "no surprise" - "especially after many
activist judges have attempted to thwart President Trump from fulfilling the
American people's mandate for mass deportations."
The
department did not respond to more specific questions about the cases and data
findings in this story.
With few
other legal paths to freedom, immigrant detainees have filed more than 20,200
federal lawsuits demanding their release since Trump took office, a Reuters
review of court dockets found, underscoring the sweeping impact of Trump's
policy change.
In at
least 4,421 cases, more than 400 federal judges ruled since the beginning of
October that U.S. Immigration and Customs Enforcement is holding people
illegally as it carries out its mass-deportation campaign, Reuters found.
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