Federal courts in California delivered a double blow to immigration enforcement practices, ordering the release of two Indian asylum applicants from prolonged detention. The rulings emphasize that holding individuals without hearings likely breaches constitutional due process.
The backdrop is President Donald Trump’s tightened migrant policies, which prompted ICE to ramp up scrutiny and detentions across the U.S. This has sparked a wave of lawsuits, with courts repeatedly intervening.
Building on a prior order freeing three Indians, Chief Judge Troy L. Nunley addressed two new cases this week. In both, ICE was faulted for detaining people without prior notice, hearings, or evidence of flight risk or danger to the community.
Kirandeep, who has called California home since December 2021, applied for asylum upon arrival. Over four years, she attended all required ICE and USCIS appointments, living stably with her partner. A single missed check-in in September 2025—excused by ICE for good cause—led to her arrest anyway.
Judge Nunley deemed this indefinite hold without a hearing unlawful, mandating her release and prohibiting warrantless re-arrests. Similarly, Rohit, who fled India in November 2021 fearing political reprisals, spent over seven months detained since June 2025 sans bond hearing.
Despite his established U.S. community connections, the government offered no rationale for continued custody. The judge warned of serious liberty deprivations from such procedural shortcuts, ordering Rohit’s immediate freedom.
These cases reinforce a key principle: once released conditionally, migrants regain liberty rights that demand full due process for any re-detention. As immigration battles intensify, these verdicts could influence broader enforcement strategies and asylum processing nationwide.
