Federal court rules against ICE in instant re-arrest case
Court finds Guatemalan citizen illegally detained by ICE moments after release order.
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A federal court in Minnesota has granted a motion to enforce a previous order after a Guatemalan citizen was taken into custody by U.S. Immigration and Customs Enforcement just one minute after his court-ordered release.
The court determined that the man never effectively regained his freedom. According to the ruling, officers escorted the individual through a non-public exit and detained him before he had physically left the facility grounds.
In its decision, the court issued a stern warning to the agency regarding the practice of using late-issued warrants to re-arrest individuals. The judge stated that the agency cannot attempt to paper over their procedural failures through such tactics.
This incident reflects a broader trend of litigation in Minnesota and other jurisdictions concerning the immediate re-arrest of immigrants following court-ordered releases. Federal judges have previously noted that these actions can undermine the authority of the court and the relief provided by habeas corpus.