Federal judges probe ICE compliance with judicial release orders

Federal judges in separate cases are investigating whether Immigration and Customs Enforcement (ICE) has complied with court orders regarding the release and re-arrest of detainees.

In Colorado, U.S. District Judge Charlotte Sweeney has ordered the Denver field office director to appear in court. The inquiry follows concerns that immigration authorities violated judicial release orders by immediately re-arresting individuals, including at least one instance occurring outside a detention facility. Federal officials have identified 14 petitioners who were re-arrested after being released, though the exact timing of these re-arrests remains under investigation. The Department of Homeland Security maintains that ICE complied with lawful orders, stating that a judicial release does not permanently immunize an individual from immigration enforcement.

In a separate ruling in Oregon, U.S. District Judge Mustafa Kasubhai found that ICE officers violated a court order restricting warrantless civil immigration arrests. The 50-page ruling stated that officers failed to follow requirements to assess flight risks and document arrest circumstances. The judge also found that an ICE officer had fabricated arrest records and provided false testimony under oath. Former Homeland Security Secretary Kristi Noem and former Attorney General Pam Bondi were named as defendants in their official capacities, though the ruling does not establish that they personally fabricated records or lied under oath.