
A recent analysis finds federal judges have ruled against ICE detention practices in roughly 90% of cases since the agency imposed mandatory detention, amounting to a broad judicial rebuke of that policy. The dismissal of Kilmar Abrego García’s human-smuggling case—where a judge found the prosecution vindictive after an unlawful deportation—extends that pushback to prosecutions and other enforcement actions tied to the same policies. This judicial resistance persists even as officials point to isolated appellate wins and continued congressional funding that allow ICE to operate at scale.
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