Overview
- More than 300 federal judges in 35 states have issued rulings curbing indefinite detention of noncitizens, emphasizing due‑process protections.
- The 5th Circuit’s 2–1 decision on Feb. 6 upheld detention without bond for noncitizens apprehended anywhere, but its effect is limited to Texas, Louisiana and Mississippi.
- Attorney General Pam Bondi labeled judges who ruled against the policy as “activist,” prompting public rebukes including a senior judge who said she was effectively calling them traitors.
- Orlando federal judges cited constitutional concerns in freeing detainees, with Judge Roy “Skip” Dalton warning the government cannot enforce the law by breaking it and Judge Paul Byron condemning prosecutors’ conduct.
- A CBS News analysis found less than 14% of roughly 400,000 ICE arrests last year involved violent criminal records, underscoring criticism that the policy sweeps in nonviolent residents and asylum seekers.