US Immigration and Customs Enforcement (ICE) is re-arresting immigrants shortly after federal courts order their release from detention, raising concerns among immigration lawyers.
According to The Guardian, at least 20 cases have emerged nationwide involving immigrants detained again after successfully challenging their detention through habeas corpus petitions.
Habeas corpus allows individuals to challenge the legality of their detention in federal court.
“We’ve seen a very, very sharp increase in people who are released on habeas petitions, only to be very rapidly re-detained, often in violation of the federal court’s order,” Bridget Pranzatelli, an attorney with the National Immigration Project, told The Guardian.
Among those affected is 77-year-old Palestinian Akram Mahmoud Omar, who was arrested again within 10 days of his release. In Minnesota, seven immigrants were reportedly re-detained before leaving a federal detention facility.
Research by ProPublica found that immigrants have filed more than 91,000 habeas petitions amid increased immigration enforcement.
Several federal judges have criticised immigration authorities for violating release orders, with some officials facing contempt proceedings.
Lawyers also link some re-arrests to the Trump administration’s policy of deporting immigrants to third countries where they have no citizenship or personal ties.
