Kyle Cheney Profile picture
Jan 25 15 tweets 9 min read Read on X
Since July, I've tracked at least 2,300 cases in which federal judges have ruled ICE has illegally detained people without bond or due process.

This is one that stands out:
storage.courtlistener.com/recap/gov.usco…Image
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Minnesota courts have been inundated with these cases since the beginning of Operation Metro Surge last month. Here's a ruling by Judge Bryan from yesterday, freeing a man who as detained after living in the US for 20 years with no criminal record. storage.courtlistener.com/recap/gov.usco…Image
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Here's another ruling in Minnesota, also yesterday, releasing a man who was forcefully detained by ICE despite having *active* refugee status. storage.courtlistener.com/recap/gov.usco…Image
Another ruling just yesterday in Minnesota: A federal judge calls it "particularly craven" that ICE transfered "a nursing refugee mother" out of state. Ta Eh Doh Lah was admitted as a refugee from Myanmar in 2024, has no criminal history and a 5-month-old. storage.courtlistener.com/recap/gov.usco…Image
Yet another ruling from Friday, freeing a man detained by ICE in Minnesota who suffered severe head injuries during his arrest and has been hospitalized since. The man claims ICE has required him to be shackled in the hospital, against the wishes of drs. storage.courtlistener.com/recap/gov.usco…Image
Here's another Minnesota ruling that just came in tonight: A federal judge is threatening DHS with contempt for transfering a petitioner out of the state despite a court order enjoining the administration from doing so. courtlistener.com/docket/7218245…Image
ANOTHER ONE: Ruling tonight from Judge Gerrard in Minnesota ordering the immediate return and release of a pregnant woman, who was apprehended on her way to work, and her husband + two sons. storage.courtlistener.com/recap/gov.usco…Image
NOTE: The federal judges deciding bigger questions about ICE's conduct in MN have been inundated with these detention cases for months. They're the backdrop to everything unfolding now. Judge Tostrud has handled dozens. This ruling isn't in a vacuum:
FOR EXAMPLE: Here's yet another MN ruling from Friday: Judge Menendez concluded that ICE was illegally detaining an Ukrainian refugee, ordering his immediate release. She is the same judge who is handling questions about ICE's use of force. storage.courtlistener.com/recap/gov.usco…Image
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AND ANOTHER: Hours before he ordered the Trump administration to preserve evidence from the Pretti crime scene yesterday, Judge Tostrud ordered the release of a Honduran immigrant he said was illegally detained — and for which DOJ missed the deadline to respond. storage.courtlistener.com/recap/gov.usco…Image
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Here is a story from earlier this month that captured the broad national rebuke by the courts of the Trump administration's mandatory detention policy – just as the Minnesota cases were beginning to ramp up.

politico.com/news/2026/01/0…
UPDATE: The judges in MN are working Sunday. Judge Menendez — who issued last week's injunction against ICE's retaliatory use of pepper spray – just ordered the release of a Kenyan woman arrested while picking up seizure medication at CVS. storage.courtlistener.com/recap/gov.usco…Image
JUST IN from Judge Michael Davis (not to be confused with @mrddmia) scolding DOJ for suggesting judges in MN weren't giving serious consideration to ICE's position:

"Since November 2025, the courts of this District have thought of little else."

storage.courtlistener.com/recap/gov.usco…Image
@mrddmia Suffice it to say, it is unusual for judges to issue this many opinions on a Sunday. Judge Tostrud rules another ICE detention illegal here: storage.courtlistener.com/recap/gov.usco…Image
@mrddmia Judge DAVIS wasn't done -- in yet another Sunday order, he upbraids the administration for "an undeniable move...to defy court orders or at least to stretch the legal process to the breaking point in an attempt to deny noncitizens their due process rights
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More from @kyledcheney

Apr 17
NEW: The furor over ICE's mass detention efforts has focused on people with longstanding roots in the US and no criminal records.

But judges say ICE has also been routinely – and illegally — locking up people *with* final orders of removal.

politico.com/news/2026/04/1…Image
At issue are hundreds of cases in which people have been ordered deported — sometimes after serious criminal offenses ranging form murder to rape to drug trafficking, but whose home countries won't accept them, or who have won protections from torture/persecution. politico.com/news/2026/04/1…Image
These people have served their criminal sentences but were released — sometimes years, and even decades ago — after ICE was unable to deport them.

The Trump administation has been re-detaining them and claiming to have restarted or reinvigorated deportation efforts, but courts have routinely found this to be predicated on "hope" rather than concrete progress. politico.com/news/2026/04/1…Image
Read 4 tweets
Mar 3
Judge Kea Riggs, a Trump-appointed judge from Arizona, has ordered ICE provide a bond hearing a man in the United States for 25 years with no criminal record, who is the father of two US citizen kids, one of whom needs a heart transplant. storage.courtlistener.com/recap/gov.usco…Image
We also have what appears to be the first and only ruling so far on the Trump administration's mandatory detention policy in the Northern District of West Virginia. John Bailey, a George W. Bush appointed judge, ordered the release of a man from Georgia. storage.courtlistener.com/recap/gov.usco…Image
'UNIMAGINABLE CRUELTY': Judge Gary Brown, a Trump appointeee from NY, absolutely thrashes DHS' treatment of a man who came to the US. at age 9 and deemed an abuse/neglect victim, has no criminal record and became a college grad.

"The laws of decency condemn such villainy." storage.courtlistener.com/recap/gov.usco…Image
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Read 4 tweets
Mar 1
NEW: Four federal judges have formed a firewall against ICE in West Virginia — and say they’ll punish state and federal officials if they continue detaining people in ways the court has ruled illegal and unconstitutional.

politico.com/news/2026/03/0…Image
For weeks, Judges Joseph Goodwin (Clinton), Robert Chambers (Clinton), Thomas Johnston (GWB) and Irene Berger (Obama) have been ordering the release of dozens of detainees ICE and its WV partners have picked up since Jan 1. But they’re not stopping there

politico.com/news/2026/03/0…
They are calling out violations of court orders, sloppy paperwork in detention cases, the destruction of families, the erosion of civil liberties and a climate of fear wrought by masked agents operating on WV’s roadways. Contempt is next, they say. politico.com/news/2026/03/0…Image
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Read 4 tweets
Feb 20
BREAKING: The Supreme Court has struck down President Trump's tariff authority, saying his claim of emergency authority to issue sweeping tariffs to America's trading partners was unlawful. supremecourt.gov/opinions/25pdf…Image
Roberts, writing for the majority, says Trump's claim of an emergency to issue unbounded tariffs on whoever he feels like flies in the face of decades of law and practice. supremecourt.gov/opinions/25pdf…Image
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Gorsuch, in his concurrence, worries that granting a president sweeping new powers based on vague delegations from Congress would risk "permanent accretion of power in the hands of one man." supremecourt.gov/opinions/25pdf…Image
Read 4 tweets
Feb 18
NEW: Judges are asking increasingly pointed questions about why ICE is detaining pregnant/nursing mothers — and whether a 2021 policy sharply restricting the practice remains in force.

They’ve ordered many released, warning of threats to safety/health.

politico.com/news/2026/02/1…Image
The admin has told different judges different things re the policy. But outgoing spokeswoman Tricia McLaughlin did defend the treatment of pregnant women in their custody and added “being in detention is a choice.” Self-deportation, she said, is another.

politico.com/news/2026/02/1…Image
ICE's policy to sharply limit detention of pregnant/nursing mothers was adopted in 2021. It says ICE shouldn't detain pregnant/nursing mothers unless there are "exceptional circumstances." What are exceptional circumstances? Threats to life or national security. politico.com/news/2026/02/1…Image
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Read 6 tweets
Feb 13
Some people do Friday Zillow. We do Friday habeas. Here are some cases of people who have been detained by ICE and ordered released by judges who said the detention was illegal. storage.courtlistener.com/recap/gov.usco…Image
Mexican man with no criminal history and six US citizen kids.

storage.courtlistener.com/recap/gov.usco…Image
Man in US for 18 years, two US citizen kids. storage.courtlistener.com/recap/gov.usco…Image
Read 7 tweets

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