Wednesday, January 28, 2026

 

Amnesty

Bill Glahn:

The working theory on the federal bench seems to be that every single person detained by ICE was detained either by mistake or contrary to law. They rule, nearly always, in favor of the detainees, ordering their immediate release. Once release occurs, Judges close the cases with no further proceedings, so it cannot be appealed. What is ICE supposed to do then? No conclusion has been reached on the validity of the individual person’s immigration status. If ICE moves to re-arrest, are we just going to do it all over again, Groundhog Day-style.


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