These Judges Take Months to Decide If Immigrants Have Been Unlawfully Detained
When President Donald Trump returned to the White House, he pushed for a seismic shift in immigration enforcement resulting in mass detention. Immigrants with no criminal convictions, who under previous administrations would have been released on bond or not detained in the first place, would now be held while their immigration cases were pending.
In an effort to gain their freedom, tens of thousands of detainees have filed what are known as habeas petitions, asking federal judges to rule that they have been unlawfully held by the government. But their chances of a speedy ruling have varied dramatically. For some, freedom came within days. Others have waited months for a decision. Some were deported before a judge could rule.
A ProPublica analysis of court records from the more than 70,000 habeas cases filed since January 2025 found that some judges take far longer than others to resolve cases as federal courts have adjusted unevenly to the unprecedented flood of filings.
The waits have been particularly long in parts of Mississippi and Louisiana, where federal judges have usually taken three months or more to decide whether a detainee should be released. Among the cases that have been resolved in Mississippi, half took 92 days or more — the longest of any state.
How Long Habeas Cases Take to Close, by District
Source: ProPublica analysis of court records, as of Aug. 25, and Deportation Data Project. Districts with fewer than 10 cases closed not shown.While new habeas petition filings have slowed somewhat in recent months, they remain far higher than before Trump began his second term.
The massive caseload has inundated the already overwhelmed federal courts and overburdened judges who suddenly have had hundreds more cases on their already crowded dockets. District courts with staffing shortages have struggled to keep habeas cases moving.
The delays have left many detainees waiting in prisonlike facilities overseen by U.S. Immigration and Customs Enforcement that advocates say are substandard and unsafe, riddled with allegations about spoiled food, beatings and medical neglect, though federal officials dispute those claims. Some immigrants have been deported or accepted the government’s offer to leave the country rather than wait for a federal judge to rule on their freedom.
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Tracking Habeas Cases
“The amount of food they are being given is simply not enough, and people are left hungry,” said Liudmila Nafikov, whose husband has been detained in a large Mississippi facility for nearly two years and is awaiting a decision on his habeas case. “For three days, they have had no hot food or hot water.”
“I do not believe it is fair or humane to keep people in these conditions for such a long time, especially people who have committed no crime and people who are sick.”
A Department of Homeland Security spokesperson acknowledged an Aug. 22 fire outside the Natchez, Mississippi, facility that affected “all hot water, kitchen services, and laundry operations,” adding, “No one was injured as a result of this incident and as of August 24, the facility is back in 100% operation with hot water and meals.” The spokesperson called claims of substandard conditions in federal detention facilities false, adding, “All detainees are provided with 3 meals a day, clean water, clothing, bedding, showers, soap, and toiletries.”
Federal courts elsewhere have adjusted to the new reality and closed cases at a faster pace. In Texas, California and Florida, courts have handled thousands more habeas petitions and typically have made decisions in about a month and a half or less, according to ProPublica analysis.
Courts in Minnesota, which experienced a surge in habeas petitions during an immigration enforcement push earlier this year, have reached decisions and closed cases even faster, with a median of about 12 days.
One commonality across districts: The vast majority of judges have ruled against the Trump administration in habeas cases, Politico found. Lawyers say that judges who are........
