Immigration Detention
Immigration detention is the holding of noncitizens in custody while the government decides their cases or prepares to remove them. It is a civil measure, not criminal punishment. The Department of Homeland Security runs or contracts for detention facilities, and immigration judges and federal courts can review whether a person may be held or released.
People usually ask when detention is required and when release on bond is possible. They also ask what rights a detained person has, how to challenge detention in court, and what happens when an agency does not follow a court order.
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All Articles on Immigration Detention
Detained Without a Bond Hearing? How to File a Habeas Corpus Petition.
Over 18,000 immigrants have sued in federal court saying their detention is illegal since the Trump administration took office. That's more court petitions challenging…
When Federal Agencies Ignore Court Orders, Judges Have These Enforcement Tools
In late January 2026, U.S. District Judge Patrick Schiltz ordered the head of Immigration and Customs Enforcement to appear in his Minneapolis courtroom and…
A Judge Ordered His Release From ICE Custody. Why Did It Take a Week?
Since January 1, 2026, immigration attorneys in Minnesota have filed 691 petitions using habeas corpus to challenge their clients' detention as unlawful. In all…
How Immigration Judges Decide Who Gets Released on Bond—And Who Doesn’t
As of late January 2026, more than 70,000 people were in immigration detention, and a federal appeals court ruled that tens of thousands of…
What Due Process Rights Apply to Noncitizens Detained Inside the U.S.
By mid-January 2026, ICE held a record 73,000 people in immigration detention—a number that had grown dramatically over the previous year. On February 6,…
Why Circuit Courts Keep Reaching Opposite Conclusions on Immigration Detention
More than 360 federal judges said no. Then one appeals court said yes. On February 6, 2026, a divided panel of the Fifth Circuit…
Legal Basis for Detention Without Bond Hearings, Explained
By mid-January 2026, ICE was detaining approximately 73,000 individuals—the highest level in the agency's 23-year history. A federal appeals court handed the Trump administration…