Many are challenging their detention using habeas corpus filings only to be arrested again, in violation of court orders
ICE rapidly re-arresting immigrants released after winning court petitions Many are challenging their detention using habeas corpus filings only to be arrested again, in violation of court orders Cris Seda Chabrier in New York Mon 2 Nov 2026 07.00 EST Immigrants who have been granted release from detention after winning habeas corpus petitions in court are being re-arrested by US Immigration and Customs Enforcement (ICE).
The Guardian has identified at least 20 cases nationwide relating to people who were detained after being released on habeas corpus petition in the last year, according to court records, attorneys and media reports.
Increasing arrests and detentions have led to immigrants filing more than 91,000 habeas petitions as they seek to challenge their detentions, according to research by ProPublica. More petitions have been filed since 25 January than during the past three presidential administrations, including Trump’s first term, combined, the outlet found.
A petition of habeas corpus – Latin for “you shall have a body” – challenges in a federal court the government’s right to hold someone in custody while their main legal case is proceeding.


It is chilling to watch all of this, and even more chilling to see that no one does anything. History repeats itself.
Banality of evil
And notably, Trump did to ICE what was done to Eichmann: create insane goals for deportation which by their nature required inhumanity, and then just let the machine crank as everyone in ICE fought to meet those unreasonable goals so they could argue for promotions etc.
That said, two weekends ago I was knocking doors trying to get a town to act against its police using its city council, where the police had made a deal with ICE to do immigration enforcement; months before that I was chatting with my local city rep about removing our city police’s ability to talk to ICE, which we won. So shit is moving, and you can get in the way, but you need to look around your area for groups to join, and it’s gonna require awkward, weird behaviors we forgot when we sank into our TV as a society and forgot about community action.