Politics
Ordered free, still locked up: Judges fume as Trump administration holds ICE detainees
Judge Troy Nunley was fed up.
Federal immigration officials had once again flouted his authority by keeping a man locked up in a California City detention center after Nunley ordered him released. When he was finally set free, the man was booted onto the street with no passport, driver’s license or other personal effects. The judge’s demand that the items be returned were met with silence.
And so on Tuesday, Nunley, the chief judge of the Eastern District of California, slapped Department of Justice attorney Jonathan Yu with an official sanction and a $250 fine.
In a scathing order, Nunley laid out why he was compelled to take such a rare step. The fine may have been less than some traffic tickets, but it’s nearly unheard for a judge to formally admonish a government lawyer.
By Yu’s own admission, he was drowning in work. In his order, Nunley recounted the attorney’s claim he’d been assigned more than 300 nearly identical cases in the last three months, all of immigrants in detention who argued they were being held without cause.
Court filings show many California cases involve longtime U.S. residents unexpectedly hauled off to jail after routine check-ins with immigration officials. One was an Afghan who’d helped the American war effort. Another a Cambodian grandmother of eight who fled Pol Pot’s killing fields as a girl nearly 50 years ago.
Until last year, most would have fought deportation on bond after a brief hearing with an immigration judge. Now, their only hope of release is to file a petition for writ of habeas corpus — a legal maneuver once typically reserved for death row inmates and suspected terrorists — inundating the country’s busiest federal courts with thousands of emergency suits.
The Trump administration attorney said he was trying to “triage” the situation, but Nunley found he repeatedly failed to comply, leaving people with the right to walk free stuck behind bars.
“The Court is not persuaded,” he wrote, issuing the sanctions.
The order came days after Nunley took the unusual step of announcing a “judicial emergency” in the district, which covers nearly half of California, stretching from the Oregon border to the Mojave Desert in the inland part of the state, including Fresno, Bakersfield and Sacramento.
In the last year, the Eastern District has received more petitions from immigration detainees than almost any other jurisdiction in the United States: More than 2,700 since January, compared to fewer than 500 last year and just 18 in 2024. Similar crises are playing out elsewhere, with federal courts in Minnesota briefly paralyzed amid the Trump administration’s enforcement blitz there last winter.
People detained are seen behind fences at an ICE detention facility in Adelanto, California on July 10, 2025.
(Patrick T. Fallon/AFP via Getty Images)
In an interview with The Times, Nunley said dealing with the surge of activity since last summer has been “like being hit over the head with a bat.”
“We’re up all night doing these cases,” he said.
So far this year, the Eastern District’s six active judges have ordered almost people 2,000 freed.
“The majority of the cases that we see are cases where people should not be detained,” Nunley said. “They should be receiving hearings to determine whether or not they are to remain in this country, and until they receive those hearings, they should be free.”
Since last July, the Department of Homeland Security has ordered that all immigrants it arrests are subject to “mandatory detention” — a policy that had previously only applied to those caught at the border.
The change came four days after President Trump signed a spending bill that earmarked $45 billion to expand the federal network of immigrant lockups.
“This has been a sea change in the way the government has read the law,” said My Khanh Ngo, a senior staff attorney at the ACLU Immigrants’ Rights Project. “Almost every judge who has looked at this has agreed these people should get bond, and yet thousands of people are still sitting in detention.”
Elizabeth Vega, 15, right, and Darlene Rumualdo, 15, from Torres High School join labor organizers, clergy leaders and immigrant rights groups to protest immigration raids nationwide at La Placita Olvera in downtown Los Angeles on January 23, 2026.
(Genaro Molina/Los Angeles Times)
Longtime U.S. residents who might once have fought removal from home — where they can more easily gather evidence to support their case and confer with lawyers — are instead being held indefinitely.
Many have no criminal record. Some have been in the U.S. so long that the countries they came from no longer exist.
“People are locked up in the same facilities as people accused of crimes, people who’ve been convicted of crimes … and then you’re telling people, you have no shot of getting out,” Ngo said. “Detaining people and not giving them the chance to get out of detention is a way of coercing people to give up their claims.”
The habeas process can take weeks or months depending on the judge and the district.
“When the immigration cases dropped on our district, we got hit harder than any other outside West Texas,” Nunley said. “Initially we had more cases than anyone else.”
Today, data compiled by ProPublica and legal activist groups including the Immigration Justice Transparency Initiative show almost a quarter of the roughly 30,000 active habeas petitions in the United States are in California courts. Nunley’s own tabulations show half the California cases are in his district, where a perfect storm of stepped-up enforcement, a large population of immigrant workers and a concentration of detention centers produced a flash flood of habeas petitions.
The cases rely on the Constitution’s guarantee of due process before being deprived of life, liberty or property. But according to court filings, in some instances the government has argued “the Fifth Amendment does not apply” to detained immigrants.
DOJ lawyers responding to the bids for freedom now regularly complain they’re being crushed under paperwork.
Judges accustomed to having government lawyers comply with their orders have been left fuming.
In California’s Central District, which includes L.A. and surrounding areas, Judge Sunshine Sykes wrote a fiery decision earlier this year that said the Trump administration is inflicting “terror against noncitizens.”
Sykes is one of several federal judges across the country that have tried to compel the government to resume bond hearings. The 9th U.S. Circuit Court of Appeals blocked that decision in March, leaving the habeas system in place for now. But with challenges or recent decisions across multiple circuits, experts say the fight is fated for the Supreme Court.
“ICE has the law and the facts on its side, and it adheres to all court decisions until it ultimately gets them shot down by the highest court in the land,” a Homeland Security spokesperson said in an email to The Times.
A woman holds a “ICE not welcome here!” sign at a vigil in San Pedro in January.
(Gina Ferazzi/Los Angeles Times)
The lawyers fighting to free those jailed under the Trump administration’s mandatory detention policy say they were not initially equipped for these legal battles because they used to be exceedingly rare.
Most federal judges had only seen a handful of habeas petitions before last summer — then suddenly they had hundreds of requests for urgent relief, according to Jean Reisz, co-director of the USC Immigration Clinic.
Reisz said there are efforts to get pro bono law groups trained on how to effectively argue habeas cases, “but it takes a while to get up to speed.”
A federal agent asks residents to move back after a shooting during an immigration enforcement operation in Willowbrook on January 21, 2026.
(Genaro Molina/Los Angeles Times)
At the same time, Reisz said, lawyers are pushing judges who oversee the cases to act swiftly, since interminable procedural delays ensure people remain incarcerated.
“Most of the habeas petitions include a motion for temporary restraining orders, and that requires emergency decisions from the courts, which requires the courts to act very fast,” Reisz said.
In California’s federal district courts, the backlog remains thousands deep. Nunley said the system is struggling to keep up with the crush of cases.
“There’s nothing that says that noncitizens should not be entitled to due process,” Nunley said. “These are our people, they reside in our district. They’re entitled to the same due process that you and I are entitled to.”
Politics
Medical examiner releases preliminary findings in Lindsey Graham’s death as death certificate remains pending
Lindsey Graham’s sudden death prompts medical questions, political reactions
Fox News senior medical analyst Dr. Marc Siegel examines the shocking death of Sen. Lindsey Graham, R-S.C., at 71. Siegel discusses the emergency response, including chest pains and a delayed entry due to a deadbolt. He connects the death to a family history of heart attacks and considers how a long flight to Ukraine may have contributed to heart stress, dehydration, and a fatal arrhythmia.
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The District of Columbia’s Office of the Chief Medical Examiner on Sunday released preliminary findings indicating Sen. Lindsey Graham suffered an aortic dissection due to arteriosclerotic cardiovascular disease before his death.
Graham, 71, was pronounced dead at George Washington University Hospital at 10:23 p.m. Saturday, according to a joint statement from the Metropolitan Police Department and the District of Columbia’s Office of the Chief Medical Examiner. An autopsy was performed Sunday.
The medical examiner emphasized that the findings are not final and that Graham’s death certificate will remain pending while toxicological and microscopic testing is completed.
“The preliminary examination findings were: Aortic Dissection due to Arteriosclerotic Cardiovascular Disease,” the medical examiner’s office said in a statement.
SEN. LINDSEY GRAHAM DEAD AT 71 AFTER ‘BRIEF AND SUDDEN’ ILLNESS, OFFICE SAYS
Sen. Lindsey Graham, R-S.C., speaks to reporters after a briefing by Trump administration officials on U.S. strikes on Iran at the U.S. Capitol in Washington, D.C., on March 3, 2026. (Nathan Posner/Anadolu)
The office emphasized that the findings are preliminary and that Graham’s death certificate remains pending. Officials said comprehensive toxicological and microscopic testing is routinely conducted when an autopsy is performed in the District and must be completed before the death certificate is updated with the cause and manner of death.
An aortic dissection is a tear in the inner layer of the aorta, the body’s largest artery, that allows blood to flow between the layers of the vessel wall, according to the Mayo Clinic. The condition is considered a life-threatening medical emergency that can lead to severe internal bleeding or organ damage.
Arteriosclerotic cardiovascular disease refers to the buildup of plaque inside the arteries, which can restrict blood flow and increase the risk of serious heart and vascular complications.
LINDSEY GRAHAM, SOUTH CAROLINA SENATOR WHO ROSE FROM SMALL-TOWN ROOTS TO GOP POWER BROKER, DIES AT 71
Sen. Lindsey Graham, Member of the US Senate, speaks to the people during the demonstration for human rights in Iran at Theresienwiese during the 62nd Munich Security Conference on February 14, 2026 in Munich, Germany. (Hannes Magerstaedt/Getty Images)
The release of the preliminary findings comes after Graham, 71, died Saturday night, shocking colleagues in Washington and across the nation.
Graham, a Republican who was first elected to the Senate in 2002 after serving four terms in the House of Representatives, became one of the chamber’s most influential voices on national security, foreign policy and the judiciary. He chaired the Senate Judiciary Committee during President Donald Trump’s first term and was one of the president’s closest allies on judicial nominations and defense policy.
A U.S. flag flies at half-staff over the Capitol on July 12, 2026, after the death of Sen. Lindsey Graham, R-S.C. Emergency dispatch audio reviewed by Fox News Digital documents the emergency response before his office announced his death. (Kevin Carter/Getty Images)
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Following news of Graham’s death, tributes poured in from lawmakers across the political spectrum, with colleagues remembering his decades of public service and his influence on some of the Senate’s most consequential debates.
The Office of the Chief Medical Examiner said it will update Graham’s death certificate after toxicological and microscopic testing is complete.
More than three dozen California legislators are calling for Gov. Gavin Newsom to exempt the state’s film and TV production incentive program from a recently approved cap on corporate tax credits, warning that without action it will be “significantly kneecapped.”
Though the state’s budget has already been approved, the legislators say a solution must be devised before the end of the year so that production companies do not lose the “full value of tax credits they earned in exchange for creating middle-class entertainment industry jobs,” according to a letter dated Friday and addressed to Newsom, State Senate President Pro Tempore Monique Limón and Assembly Speaker Robert Rivas.
“Tax credits earned for creating jobs in motion picture and television production are not the same as tax credits provided for research and development,” the letter states. The legislation “creates short-term budget savings by reneging on commitments made to the entertainment industry and the working families who depend upon it for their livelihoods.”
The letter comes shortly after Newsom signed his final state budget as California’s governor, a $351.7-billion spending plan that includes new limitations on corporate tax credits.
The budget includes a provision that restricts the maximum tax credit companies can claim in a given year to $5 million or 50% of a company’s tax state tax liability, whichever is greater.
Hollywood industry representatives had warned the governor’s office that the new restrictions could affect the state’s production incentive program, which was just bolstered last year to an annual cap of $750 million.
The film and TV industry in Southern California has struggled to rebound from the effects of the pandemic, the dual writers’ and actors’ strikes in 2023 and the exodus of production to other states and countries.
Members who voted for the budget bill had believed there was a carve-out for the film and TV tax credit program, said Assemblyman Rick Chavez Zbur (D-Los Angeles), chair of the Assembly Democratic Caucus.
“I don’t think that anyone understood what this cap was, what it did and that it effectively kneecapped and reverses the progress that we made last year,” Zbur, who co-authored last year’s bill, said in an interview. “We need to have people understand that these changes, which I think people believed were minor, are really significant and will result in significant job loss if we don’t fix them.”
The new changes to the state’s film and TV tax credit program, which included expanded eligibility for additional shows and films, came after intense lobbying from studios and industry workers, who argued that more funding was necessary to lure production back from other states and countries.
Last week, the California Film Commission said the expanded tax credit program was set to deliver $6.6 billion in direct production spending in-state and more than 34,000 cast and crew jobs across the 170 total film and TV shows that received production incentives this year.
Politics
Graham’s death ignites GOP scramble for Senate seat as Trump hints he already has a favorite
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Sen. Lindsey Graham’s, R-S.C., sudden death from an undisclosed illness has triggered a two-pronged approach to replace him, and President Donald Trump will likely be a focal point in the process.
Graham’s passing overnight comes at a time when Republicans in the upper chamber need every vote they can get. The Senate GOP now holds a 52-seat majority, and with the timetable for Sen. Mitch McConnell’s, R-Ky., absence still unclear, that majority is now effectively 51 votes.
That will up the pressure, and drama, to find a replacement for the longtime South Carolina lawmaker.
LINDSEY GRAHAM, SOUTH CAROLINA SENATOR WHO ROSE FROM SMALL-TOWN ROOTS TO GOP POWER BROKER, DIES AT 71
Sen. Lindsey Graham speaks with reporters aboard Air Force One with President Donald Trump and Secretary of Commerce Howard Lutnick on the way back to Washington, D.C., on Jan. 4, 2026. (Jim Watson/AFP via Getty Images)
Trump, during an appearance on NBC’s “Meet the Press” on Sunday, said, “I have somebody that I think would be great.”
“But I don’t want to say it now because it’s just, it’s too soon with Lindsey,” Trump said. “I don’t wanna even talk about anybody, but I do have somebody that I think is really good.”
It’s a process guided by the Constitution and state law. The first step will require South Carolina Gov. Henry McMaster, a Republican, to appoint a replacement for Graham on a temporary basis.
McMaster, a close ally of Trump, can appoint a temporary replacement as soon as he wants. That pick will serve until the next special or general election.
MCCONNELL FACES FRESH CALLS TO COME CLEAN ABOUT HEALTH ISSUES
Fox News Digital did not immediately hear back from McMaster’s office on when he would make the announcement, or who he was considering for the seat.
Graham was already in-cycle running for a fifth term in the upper chamber, and he easily cruised to a primary victory early last month. That means that whoever McMaster taps would serve until the end of the year to finish off the remainder of Graham’s fourth term.
The second prong is finding his long-term successor.
The candidate filing period for that special election to win the GOP nomination opens July 21. The election is slated for Aug. 11, according to South Carolina law.
That race could see several familiar faces in South Carolina GOP politics jumping in, including McMaster himself, who is termed out as governor.
TRUMP’S ENDORSEMENT POWER FACES ANOTHER GOP TEST IN SOUTH CAROLINA AFTER ALAN WILSON ADVANCES
Rep. Nancy Mace, R-S.C., departs the U.S. Capitol after a series of House votes on funding for Homeland Security and a War Powers resolution on Iran on March 5, 2026, in Washington, D.C. (Andrew Harnik/Getty Images)
Trump heaped praise on McMaster, noting that he endorsed his first bid for the White House in 2016.
“Henry’s been a great governor, you know now he’s termed out, but he’s going to do the right thing,” Trump said. “I think Henry will be fantastic.”
There are six members of South Carolina’s GOP congressional delegation who could toss their hats into the mix. Rep. Nancy Mace, R-S.C., who recently lost a bid for the GOP gubernatorial nomination, is eyeing jumping into the special election.
A person familiar with Mace’s plans told Fox News Digital, “Congresswoman Mace is considering a bid to run.”
Then there’s Rep. Joe Wilson, R-S.C., the longest-serving Republican member of the Palmetto State’s delegation. He quickly snuffed speculation about whether he’d leap into the fray.
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“I was grateful to speak with President Trump today reminiscing about our mutual friend, Senator Lindsey Graham,” Wilson said on X. “I assured him my goal is to remain in the House to keep his two-vote majority for the American people!!!”
Then there’s the remaining four: South Carolina Republican Reps. Ralph Norman, who also lost out on scoring the GOP nomination for governor, Russell Fry, William Timmons and Sheri Biggs, none of whom, so far, have signaled that they would jump into the battle for Graham’s seat.
Meanwhile, South Carolina Lt. Gov. Pamela Evette could also be in the mix.
A source familiar told Fox News Digital that Evette is receiving “tons of encouragement from all across the state and from around the country” to serve as the temporary caretaker for Graham’s seat.
The source said that Evette is also being encouraged to run to seek a full six-year term in the Senate.
Evette, a top South Carolina ally of Trump’s and McMaster’s, was endorsed by both as she finished first in South Carolina’s Republican gubernatorial primary in this year’s race to succeed McMaster.
But after Trump also endorsed her GOP rival in the runoff, State Attorney General Alan Wilson, she was trounced by Wilson a few weeks ago in the runoff election
Fox News Digital did not immediately receive responses to requests for comment from possible contenders in the House.
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