ATLANTA — Federal judges around the country are scrambling to address a deluge of lawsuits from immigrants locked up under the Trump administration's mass deportation campaign.
Under past administrations, people with no criminal record could generally request a bond hearing before an immigration judge while their cases wound through immigration court unless they were stopped at the border. President Donald Trump 's White House reversed that policy in favor of mandatory detention.
Immigrants by the thousands have been turning to federal courts by using another legal tool: habeas corpus petitions. While the administration scored a major legal victory Friday, here's a look at how that's affecting federal courts and what some judges have done in response:
Judges are raising the alarm
In one federal court district in Georgia, the enormous volume of habeas petitions has created ''an administrative judicial emergency,'' a judge wrote in a court order on Jan. 29. U.S. District Judge Clay Land in Columbus said the Trump administration was refusing to provide bond hearings to immigrants at Georgia's Stewart Detention Center despite his ''clear and definitive rulings" against mandatory detention. Instead, the court had to order the hearing in each individual case, wrote Land, a nominee of Republican President George W. Bush.
In Minnesota, where the administration's immigration enforcement surge continues, U.S. District Chief Judge Patrick Schiltz said in a Jan. 26 order Trump officials had made ''no provision for dealing with the hundreds of habeas petitions and other lawsuits that were sure to result.'' The court had received more than 400 habeas petitions in January alone, according to a filing by the government in a separate case.
Schiltz, who was also nominated by Bush, said in a separate order two days later that the government since January had failed to comply with scores of court decisions ordering it to release or provide other relief to people arrested during Operation Metro Surge.
And in the Southern District of New York, U.S. District Judge Arun Subramanian said in an opinion in December that the district had been ''flooded'' with petitions for relief from immigrants who posed no flight risk or danger but were nonetheless imprisoned indefinitely. Subramanian, who was nominated by President Joe Biden, a Democrat, and presides in New York City, granted a 52-year-old Guinean woman's habeas petition and ordered her release.