Officials including judges and immigration advocates describe a sea change in how detention laws are interpreted, with many detainees lacking timely hearings and real bond opportunities.

A surge in habeas corpus petitions is overwhelming federal courts, particularly California’s Eastern District, as more than 2,700 petitions have been filed since January and judges have freed more than 2,000 detainees this year.

Since July, the DHS mandatory detention policy expanded to all arrestees, not just those at the border, funded by a $45 billion spending bill, creating a broader detention regime and triggering release hearings via habeas petitions.

The 9th Circuit and other courts have shown mixed responses to bond hearings and habeas actions, signaling potential Supreme Court involvement as circuits diverge in approach.

Judge Troy Nunley sanctioned a DOJ attorney with a $250 fine for repeatedly defying orders to release detainees and return personal effects, underscoring systemic issues in immigration detention practices.

Nunley emphasizes that detainees are entitled to due process and should be released pending hearings, highlighting civil liberties concerns and humane treatment.

Experts note a lag in training for lawyers handling habeas petitions and stress the need for rapid court action to prevent extended detention during proceedings.

Lawyers and judges describe overwhelmed workloads, with DOJ counsel handling hundreds of similar cases; habeas practice has shifted from a rare remedy to a common emergency procedure.

Officials say they adhere to the law, while judges report noncompliance and delays in releasing detainees or providing necessary hearings.

California is a focal point of the detainee crisis, accounting for a large share of habeas petitions and detention-related legal activity.

Immigrant detainees include long-term residents with no criminal records, some from countries that no longer exist, raising questions about due process and access to hearings.