It’s an indication that the Trump administration’s aggressive departure from longstanding ICE detention practices is testing more than just the interpretation of complicated and sometimes contradictory federal immigration laws; some judges see it as testing the Constitution itself.

The administration has fared better in the 5th Circuit since the February ruling, winning about a third of detention rulings compared to less than 10 percent beforehand. A significant share of that improvement is attributable to a few judges who have rejected the “due process” alternative that their colleagues have relied upon.

They include U.S. District Judge Leon Schydlower, a Biden appointee, who has rejected petitions for release from detention more than 150 times since the 5th Circuit’s decision, and U.S. District Judge Fernando Rodriguez Jr., a Trump appointee who has similarly ruled more than 60 times since then.

But the strong majority of decisions — from judges appointed by every president since Ronald Reagan — are still cutting against the administration.

ICE detentions nationwide have skyrocketed since the Trump administration embraced a new immigration enforcement policy last July, arguing the government must detain virtually everyone ICE is seeking to deport. While prior administrations applied “mandatory detention” primarily to recent border-crossers, the Trump administration has expanded it to treat people encountered anywhere in the country as though they had just crossed the border — even if they have lived in the U.S. for decades.

That policy shift has flooded the courts with emergency lawsuits by ICE detainees who say the administration’s new approach is illegal. And judges — including a majority of Trump appointees — have agreed. POLITICO has tracked more than 15,100 rulings in those cases, more than 13,300 of which have determined ICE illegally detained people without bond.

The 5th Circuit, which spans Texas, Louisiana and Mississippi, is responsible for roughly one in five of all ICE detention rulings over the past 11 months, according to POLITICO’s tracking. After a 5th Circuit panel ruled 2-1 in favor of the administration, a panel of the 8th Circuit Court of Appeals, which oversees courts in the Midwest, including Minnesota, followed suit in March. But since then, three appeals courts, including those overseeing Florida, New York and Ohio, have rejected the administration’s approach, creating a split that has put the issue on a likely path to the Supreme Court.

The trend in the 5th Circuit is beginning to appear in the 8th Circuit too: After the appeals court blocked judges from rejecting ICE detentions on statutory grounds, some judges there have begun to switch to the same due process rationale as their colleagues in the South in a few dozen cases so far.


Asked about the due process rationale — and whether it had undercut the administration’s expectation of a momentum shift after the 5th circuit decision — the Justice Department renewed its attacks on the judges themselves.

“Despite the continued efforts of activist judges who want to stonewall the President’s agenda, DOJ remains committed to defending the immigration laws Congress enacted and working with our counterparts at DHS to deport illegal aliens to keep the American people safe,” said department spokesperson Natalie Baldassare.

The Texas-based judges who had previously ruled against the administration’s policy on statutory grounds acknowledged they were bound by the 5th Circuit’s ruling, but repeatedly emphasized that the decision “does not change this case’s outcome on procedural due process grounds.” In hundreds of cases, those judges underscored that the ruling “has no bearing” on whether a petitioner “is being detained in violation of his constitutional right to procedural due process.”

Even before the 5th Circuit ruled, the due process rationale had been endorsed by at least two Texas-based judges David Briones, a Clinton appointee, and Kathleen Cardone, a George W. Bush appointee. Within three weeks of the circuit’s ruling, eight more judges adopted the approach — and since then, rulings on that basis skyrocketed.

Nineteen of the 51 federal judges who have ruled on immigration detention cases in the Fifth Circuit have used the strategy, though just four of those judges in Texas’ Western District are responsible for more than half of these rulings: Clinton appointees Orlando Garcia and Fred Biery and George W. Bush appointees Xavier Rodriguez and Cardone.

Use the table below to explore the rulings yourself. Search for decisions within the 5th Circuit that determined a due process violation had taken place, which will show you all similar decisions before and after the 5th Circuit ruling. Or type the name of one of the judges mentioned above to see how their decisions have changed over time.

https://www.politico.com/interactives/2026/mandatory-detention/cases-table/?d=7466

>>1519462
>with established roots in the U.S.
Translation: they've been here illegally the whole time.

>>1519467
>if I force you out and rename the place then it was never yours and its white land forever from that point forwards
>NOOOOO DONT FORCE ME OUT AND STEAL MY WHITE LAND NOOOOO THIS IS WHITE FOREVER I CANT COMPETE WITH YOU NOOOO

>>1519462
If we go after all the Guatamalans it will take tens of billions in funding and decades in court cases.

Whites are being replaced at breakneck speed because they do not have children due to wages not matching inflation. All this prosecution is like pissing in an ocean of piss. So why do these judges still want to detain all these people despite the ruling still saying it has to be done through due process.

Are they nuts?

>>1519462
throw the judges in prison for treason

>>1519472
>Chuds are being replaced at breakneck speed because they do not have children due to wages not matching inflation
fixed that for you, and its great!

>>1519462
Why are liggerals so invested in stymieing removal of illegals?

>>1519472
>Whites are being replaced at breakneck speed because they do not have children due to wages not matching inflation.

I agree this is why I am a socialist fascist

.>>1519473
>throw the judges in prison for treason

there's never been a democratically elected communist government.

if the majority of people vote for communist government it will be the last time they get to vote, without a violent revolution to overturn the Communist government.

this democratic majority will never be allowed to elect a communist government.

this is why I voted for tRump, to help burn the system down

>>1519471
So you admit they're here to steal white land?

>>1519483
>white land
How did you get like this?

If anyone does not have due process, then no one has due process

>>1519488
You used the term first. Maybe instead of this red herring you could focus on the point I brought up how Politico was trying to be sneaky with their words. They're not "immigrants with established roots in the U.S.", they're illegals who finally got caught. They don't belong here because they couldn't even come here lawfully. End of story.

>>1519497
you're not a person who matters, you're esl shill

>>1519498
And this is why I love coming to /news/.

>>1519497
>You used the term first
What? No I didn't, that was something else. I was just passing through the thread when I encountered your radicalized racial extremist bullshit and was wondering how you got like this, since it isn't normal and takes a special blend of low IQ retardation and years worth of indoctrination in obsolete racist/eugenicist theories to think like of land in racial terms.

>>1519501
>pointing out that illegals are illegals is racist

>>1519501
>>1519498
>>1519489
>>1519475
My bingo card is almost full

>>1519503
Watching the extremist right take over the GOP over the last 20 years has been fascinating. You people went from being tolerant "compassionate conservatives" in the 00s to calling migrants "illegals" in the 10s to "muh white land" in the 2020s.

>>1519506
>GOP has never been anti-illegal immigration
lol. Also
>to "muh white land"
Again, I never said that term. You, or whoever, brought that strawman up first to deflect away from the article.

Isn't it odd that people react negatively to people they are having negative reactions with? Nobody had anything negative to say about Indians until they started interacting with them on a daily basis.

>>1519521
It's the model minority issue. The first small handful of Indians, Mexicans, etc. are deferential and stay mostly out of the way. Naive white people say, "They're quirky but they have a job, not too bad!"

Then you get exposed to groups and communities of them, especially as they build racial enclaves and prioritize each other in various spaces via nepotism. And only then do you realize how dysfunctional and undesirable a whole community of, say, Indians are.

>republicans enforce border security
>leftoids think topical racism in the form of border enforcement is extremism
>tfw these people have no idea how extreme the gop can be
>"it isn't normal and takes a special blend of low IQ retardation and years worth of indoctrination in obsolete racist/eugenicist theories to think like of land in racial terms"
>[L'Amour Toujours intensifies]

>>1519526
>and prioritize each other in various spaces via nepotism
this is where your shitty logic continues to break down, mostly because you're a sub IQ retard who needs to velcro their shoes on
every race has the same minority of racial purity chuds in it who keep pointing at each others retardation and using it as an excuse to keep the paranoia train running

you all just need to be bulldozed, so just die already

Racism is wrong.

>>1519489
They can have due process. They should be removed while awaiting trial though
>That's not due process
Tell that to anyone who's been unable to make bail.

>>1519531
Then why do all the other races do it?

>>1519538
They don't.

It's bullshit that federal officers can't detain people without a hearing or access to legal counsel for months or years on end! What sort of police state is this?

>>1519543
Sure, sure. No races have an in-group preference.

>>1519544
I'm pretty certain that all of the immigration law pop-up legal centers prove you wrong, stupid, and thinking an isolated incident is the norm to satisfy both your confirmation biases and your lust for untraceable latin bussy for your rape basement.

>>1519545
Yes.

>>1519555
K, Israel.

>>1519556
Concession accepted.
Racism is wrong.

>>1519557
Whites are the only group that are not racist

>>1519565
He said, being racist.

>>1519471
During colonial British rule many colonists would flee the Crown and retreat into the American woodlands where they would be adopted by Native American tribes who they saw as more free lifestyles.
However, after 1776 the opposite began, Native Indian cultures began cutting their hair and partaking in landownership and even owning of black slaves.

By the time of Andrew Jackson local tribes had been so depopulated leaving only the fervent radicalized people so that when it came to the Trail of Tears a number of Indians remained as US citizens and were happy the “deplorables” had been sent away from their freedom loving American society.

White Male Society is Forever, and eternally free.

>>1519776
>White Male Society
There hasn't been one since the Proto-German Tribes were fighting Romans in 100 AD. Even the Vikings race mixed with browns.

>>1519780
>Even the Vikings race mixed with browns.
Vikings famously ignored most of Europe to go live it big in Turkey
They knew white aint right a long time ago