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Cassandra Burke Robertson, Professor of Law and Director of the Center for Professional Ethics, Case Western Reserve University

Trump administration’s immigrant detention policy broadly rejected by federal judges

Federal agents search for undocumented immigrants in Chicago on Nov. 6, 2025. Scott Olson/Getty Images

In federal courtrooms across America, a pattern has emerged in cases in which immigrants are being rounded up and jailed without a hearing. That’s a departure from fundamental constitutional protections in the U.S. that provide the right to a hearing before indefinite imprisonment.

In response, federal judges are systematically rejecting the Trump administration’s attempt to drastically expand who can be locked up without a hearing while awaiting deportation proceedings.

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