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Ordered free, still locked up: Judges fume as Trump administration holds ICE detainees

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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.

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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.

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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.”

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“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.

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“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.”

high school students protest immigration raids

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.

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“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.

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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.

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A woman holds a "ICE not welcome here!" sign at a vigil in San Pedro in January.

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.”

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A Federal agent asks residents to move back at the scene of a shooting

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.

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“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.”

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Pope Leo sends unmistakable message on immigrants during visit honoring America’s first saint

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Pope Leo sends unmistakable message on immigrants during visit honoring America’s first saint

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Pope Leo XIV used a visit Saturday honoring St. Frances Xavier Cabrini, the first American saint and patron saint of immigrants, to deliver his latest appeal on behalf of them, asking Catholics to look to her example at a time when migration remains one of the defining issues of his emerging papacy.

The remarks came as Leo continues to make migration a central focus of his public ministry, a position that has sparked months of public friction with President Donald Trump over immigration and foreign policy.

“What could be more relevant today than a missionary charism dedicated to serving migrants?” Leo said during an evening prayer service in Sant’Angelo Lodigiano, the northern Italian town where Cabrini was born.

The American-born pope prayed at Cabrini’s tomb and urged young Catholics to learn from the saint’s life of serving immigrants, many of whom had left their homelands in search of better opportunities.

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POPE LEO XIV STRONGLY SUPPORTS US BISHOPS’ CONDEMNATION OF TRUMP IMMIGRATION RAIDS: ‘EXTREMELY DISRESPECTFUL’

Pope Leo XIV presides over a celebration at the parish of Santi Antonio Abate e Francesca Cabrini in Sant’Angelo Lodigiano, Italy, Saturday. The visit was part of his pastoral journey to nearby Pavia and marked the birthplace of Francesca Cabrini, the first U.S. saint and Patroness of Migrants. (Mario Tomassetti/Vatican Media)

But Leo also invoked his predecessor, Pope Francis, whose own papacy was defined in part by calls to welcome migrants.

“Let us ask ourselves: if Mother Francesca were alive today, what would her missionary spirit tell her?” Leo said. “And what would a pope like Francis — who, as the son of Italian immigrants, made service to migrants one of the key priorities of his pontificate — ask of her?”

The comments are the latest in a series of migration-focused appearances that have helped define Leo’s first year as pope.

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POPE LEO APPOINTS PRO-IMMIGRATION BISHOP TO DIOCESE HOME TO TRUMP’S MAR-A-LAGO

Pope Leo XIV greets faithful as he leaves the parish of Santi Antonio Abate e Francesca Cabrini in Sant’Angelo Lodigiano, Italy, Saturday. (Mario Tomassetti/Vatican Media)

Last week, Leo traveled to Spain’s Canary Islands, a major destination for migrants departing West Africa, where he met migrants and called for greater efforts to welcome and integrate people fleeing hardship and conflict.

During that trip, Leo urged world leaders to create “legal and safe pathways” for migration and warned against reducing migrants to statistics.

Leo’s migration advocacy has frequently drawn criticism from Trump, who has accused the pontiff of venturing into politics and sharply disagreed with some of his comments on immigration and foreign affairs.

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The public disagreements have become one of the most closely watched relationships between the Vatican and Washington during Leo’s papacy.

INCLUSIVE TONE OF NEW POPE ISN’T SITTING WELL WITH SOME IN THE ‘AMERICA FIRST’ MOVEMENT

Pope Leo XIV presides over a celebration at the parish of Santi Antonio Abate e Francesca Cabrini in Sant’Angelo Lodigiano, Italy, Saturday, during his pastoral journey to nearby Pavia. (Mario Tomassetti/Vatican Media)

Earlier this year, Reuters reported that Secretary of State Marco Rubio was expected to meet with Vatican officials and Italian leaders during a period of heightened tensions between the Holy See and the Trump administration.

Leo has rejected suggestions that his remarks are political attacks, arguing instead that his appeals stem from Catholic teaching on human dignity, peace and care for vulnerable people.

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Saturday’s visit centered on Cabrini, who became a naturalized U.S. citizen and spent decades serving Italian immigrants through schools, hospitals and orphanages before her death in Chicago in 1917.

US CATHOLIC BISHOPS PRESIDENT SAYS DEPORTATIONS INSTILLING ‘FEAR’ IN ‘WIDESPREAD MANNER’: ‘CONCERNS US ALL’

Pope Leo XIV holds a private audience with Vice President J.D. Vance at the Apostolic Palace in Vatican City, May 19, 2025. (Simone Risoluti/Vatican Media)

The Vatican has also announced that Leo will travel to the Italian island of Lampedusa on July 4, a date likely to draw attention in the United States given the pope’s American roots.

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Lampedusa has become one of Europe’s most recognizable migration flashpoints because of the thousands of migrants who attempt dangerous crossings from North Africa each year. The island also carries symbolic importance within the Catholic Church because it was the destination of Pope Francis’ first trip outside Rome after becoming pope in 2013.

Fox News Digital’s Eric Mack and Robert McGreevy, and The Associated Press contributed to this report.

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Even UFC boss Dana White is ‘completely against’ Josh Hokit’s ugly jab at Michelle Obama

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Even UFC boss Dana White is ‘completely against’ Josh Hokit’s ugly jab at Michelle Obama

For UFC boss Dana White, heavyweight Josh Hokit’s post-fight behavior at UFC Freedom 250 on Sunday crossed a line.

On Monday, the mixed martial arts promotion’s president and chief executive told Time reporter Sean Gregory via text he is “completely against saying nasty and false things about people’s families” in reference to Hokit’s tasteless comment about Michelle Obama. During the White House spectacle in front of President Trump and others, Hokit was interviewed after his technical-knockout victory over Derrick Lewis and propped up a false conspiracy about the former first lady, declaring “Michelle Obama is a man.”

Hokit, who has a history of making tasteless comments after his fights, including the same Obama jab, drew mixed reaction from the UFC Freedom 250 crowd — and also from social media users, with some repeating the false claim in the comments on Hokit’s Instagram page and others chiding it. White, who has panned Hokit’s remarks in the past, did so again.

“Everyone knows my position on free speech but I hate that kind of nonsense,” White’s text added.

Hokit insulted Obama months after Trump faced backlash in February for a racist social media video that depicted President Obama and the former first lady as apes. Amid mounting public criticism, the White House took down the video and blamed an unnamed aide.

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Michelle Obama, clearly on Hokit’s mind on Sunday, was busy with other matters over the weekend: preparing with her husband to open their Obama Presidential Center in Chicago. The museum and library hosts its grand opening Thursday and will be open to the public Friday.

Times staff writer Ana Ceballos contributed to this report.

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Trump says Iran missiles ‘aren’t the problem’ after White House made them central to war rationale

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Trump says Iran missiles ‘aren’t the problem’ after White House made them central to war rationale

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For months, senior Trump administration officials argued that Iran’s ballistic missile arsenal helped shield Tehran’s nuclear ambitions and was a key reason the U.S. launched Operation Epic Fury attacks on the country. 

Now, President Donald Trump is suggesting Iran having missiles may not be a problem at all.

“If other countries have them, it’s a little bit unfair for them not to have some. If Saudi Arabia and Qatar, and they all have some, I would say that in relative proportion, I think it’s okay,” Trump said at the G7 international forum Wednesday. “Am I going to let Saudi Arabia have missiles, but (Iran) can’t have them? It doesn’t work that way.” 

“Missiles aren’t the problem. They hurt a little location, but they don’t blow up the planet.”

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“The Gulf nations will address the nonnuclear issues, as we’ll be talking about the ballistic missiles,” the president added. “And we’ll talk, also, about the terrorist proxies that they have that — we don’t want that to happen.” 

A map displays the range of ballistic missiles fired from Iran, highlighting areas within reach. (Fox News)

ISRAELI OFFICIALS REPORTEDLY WARN IRAN’S BALLISTIC MISSILES COULD TRIGGER SOLO MILITARY ACTION AGAINST TEHRAN

Trump made the remarks while discussing whether Iran should be permitted to retain missile capabilities in a news conference at the G7 in Évian-les-Bains, France, just as details of the memorandum of understanding between the U.S. and Iran were being released. 

The comments strike a much different tone than arguments repeatedly made by senior administration officials in recent months, who described Iran’s ballistic missile force as both a major threat to regional security and a protective shield for Iran’s nuclear program.

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“Iran can never have a nuclear weapon, and we will not allow Iran to hide behind the immunity of a massive short-term ballistic missile inventory, or the ability to make them or launch them,” Secretary of State Marco Rubio told reporters in a press conference March 3. “What they are trying to do, and have been trying to do for a very long time, is build a conventional weapons capability as a shield to hide behind.”

TRUMP VOWS TO HIT IRAN ‘VERY HARD’ AFTER OBLITERATING NEARLY ’90 PERCENT’ OF REGIME MISSILES

Other senior officials repeatedly described degrading Iran’s missile capabilities as a central objective of Operation Epic Fury. 

In remarks at the White House on March 2, days after the start of the operation, Trump said, “Our objectives are clear. First, we’re destroying Iran’s missile capabilities … and their capacity to produce brand new ones.”

War Secretary Pete Hegseth later said March 4 the mission was “laser-focused” on obliterating Iran’s missiles and the facilities that produce them, while White House Press Secretary Karoline Leavitt said the same day one of the administration’s primary goals was to “destroy the regime’s deadly ballistic missiles and completely raze their missile industry to the ground.”  

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Heavy weapons, including ballistic missiles, air defense systems and unmanned aerial vehicles, are displayed during the 44th anniversary of the eight-year war with Iraq, known as Holy Defense Week, at Baharestan Square in Tehran, Iran, on Sept. 25, 2024. (Photo by Fatemeh Bahrami/Anadolu via Getty Images)

Rubio repeatedly returned to the theme throughout the operation, arguing that degrading Iran’s missile force was necessary to prevent Iran from using conventional military power as cover for a future nuclear weapons program.

TRUMP SAYS US, ISRAEL SHATTERED IRANIAN MILITARY CAPABILITIES, PRESSES LEADERS TO SURRENDER: ‘CRY UNCLE’

“This is about very specific objectives,” Rubio told reporters on March 30. “The President laid them out on the first night of the operation… Here they are — you should write them down. Number one, the destruction of their air force. Number two, the destruction of their navy. Number three, the severe diminishing of their missile launching capability. And number four, the destruction of their factories so they can’t make more missiles and more drones to threaten us in the future. All of this so that they can never hide behind it to acquire a nuclear weapon. That was our objective from the beginning; that remains our objective now.” 

Leavitt made similar comments the same day, saying the objectives of Operation Epic Fury included “destroying their ballistic missiles” and dismantling the infrastructure used to produce them while ensuring Iran never obtains a nuclear weapon.

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Trump’s remarks at the G7 also raised questions about the administration’s approach to Iran’s nuclear program, another issue that administration officials had previously described in far less flexible terms.

Trump’s comments also come as the administration pursues a memorandum of understanding with Iran that leaves unresolved one of the central disputes in the nuclear negotiations: the future of Tehran’s enrichment program.

Under the framework agreement unveiled this week, the United States and Iran agreed to spend 60 days negotiating the fate of Iran’s nearly 900-pound stockpile of near-weapons-grade 60% enriched uranium and any future enrichment activities. Administration officials said the minimum outcome under discussion would involve down-blending the material under International Atomic Energy Agency supervision, while acknowledging that key details of a final agreement remain unsettled.

Officials described Iran’s willingness to dilute its stockpile as a significant concession, but also acknowledged that the memorandum does not resolve whether Iran will ultimately be permitted to retain any enrichment capability.

TRUMP REAFFIRMS HARD LINE ON IRAN NUCLEAR DEAL: ‘WILL NOT ALLOW ANY ENRICHMENT OF URANIUM’

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President Donald Trump arrives for a gala dinner at the Versailles Palace in Versailles, France. (Nathan Laine/Bloomberg via Getty Images)

Trump appeared to strike a more accommodating tone when discussing Iran’s access to nuclear power at the G7.

“It is a little hard, though, when you say that somebody wants it, other people have it, other, adjoining states have it. And you’re not letting them have it for purposes of electricity and things like that,” Trump said. “It’s always a little tough. You have to use a little common sense.”

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The administration had previously drawn a much harder line on Iran’s nuclear program. Special envoy Steve Witkoff said the United States could not allow Iran to retain “even 1 percent” enrichment capability, while White House officials repeatedly described the end of Iranian enrichment as a red line.

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The White House referred back to Trump’s recent remarks on missiles when asked for additional comment. “

“We are going to let the President’s comments stand,” a State Department spokesperson said when asked for comment.  

The Pentagon could not immediately be reached for comment. 

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