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Judge Sykes Orders DHS to Notify Detainees of Bond Eligibility, Provide Call Phones

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Judge Sykes Issues Scathing Ruling on Mandatory Detention U.S. District Judge Sunshine Sykes issued a decision in Riverside, California on February 19, 2026, condemning the Trump administration’s immigration detention policy as “terrorizing” immigrants [1]. She cited the Minnesota deaths of Renee Good and Alex Pretti as evidence of extended violence against U.S. citizens [1]. The ruling characterizes mandatory detention as a reckless violation of the law [1].

Order Requires Immediate Notice and Attorney‑Call Phones for Detainees The order mandates the Department of Homeland Security to notify each detained immigrant that they may qualify for bond and to provide a phone enabling contact with counsel within one hour of detention [1]. It also overturns a September immigration‑court order that had upheld mandatory detention [1]. Compliance is required immediately, with the court monitoring future adherence [1].

Administration Defends Detention Policy Citing Supreme Court Precedent DHS responded by asserting that the Supreme Court has repeatedly overruled lower courts on mandatory detention, and that ICE “has the law and the facts on its side” [1]. The department said it will continue to follow existing court decisions until they are formally overturned [1]. This defense frames the policy as legally grounded despite the judge’s criticism [1].

Background Shows Over 20,000 Habeas Petitions Filed Since 2017 Since President Trump’s inauguration in 2017, immigrants have filed more than 20,000 habeas corpus petitions seeking release after the administration ended bond hearings for non‑criminal detainees [1]. Many of those petitions have been granted, yet the government frequently failed to honor court orders [1]. The volume of petitions underscores widespread legal challenges to the detention regime [1].

Other Courts Impose Sanctions for Non‑Compliance Nationwide Minnesota judge held a Trump‑era immigration lawyer in contempt for refusing to return an immigrant’s identification document [1]. In New Jersey, Judge Michael Farbiarz ordered the administration to explain procedural failures after missed bond‑hearing deadlines in 12 of roughly 550 cases since December 5 [1]. These sanctions illustrate a pattern of judicial pushback across multiple jurisdictions [1].

Judge Reiterates Congressional Violation and National Harm Judge Sykes reiterated that mandatory detention violates an act of Congress and harms families, communities, and the nation’s social fabric [1]. She emphasized that most detainees are not dangerous criminals, reinforcing the due‑process concerns [1]. The ruling calls for systemic reform to align immigration enforcement with constitutional standards [1].

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Timeline

2017‑2021 – President Trump, with a GOP‑controlled Senate, appoints scores of conservative judges to appellate courts and secures a conservative super‑majority on the Supreme Court, a legacy that former Senate Majority Leader Mitch McConnell says will have a “lasting impact” on the country[1].

2024 – The administration rolls out a policy that authorizes ICE officers to make arrests in immigration‑court hallways in New York, Atlanta and other cities, a practice defended as “common sense” to conserve resources[4].

Mar 2025 – Attorney Meghan Kelly files a 44‑paragraph motion in J.G.G. v. Trump requesting a second amicus brief that argues federal judges may have faced political pressure in cases involving former President Trump, including immigration‑related decisions[6].

May 2025 – The Supreme Court permits President Trump to temporarily remove officials at the Merit Systems Protection Board and the National Labor Relations Board, a precedent later cited in the immigration‑judges free‑speech litigation[5].

Jun 2025 – The Fourth Circuit revives the immigration‑judges lawsuit and remands it to the district court for fact‑finding on whether civil‑service laws function properly[7].

Sep 2025 – The Supreme Court lifts a California district‑court order that barred ICE agents from making stops based on ethnicity, language or location; Justice Brett Kavanaugh writes that those factors together can constitute reasonable suspicion[1].

Dec 2 2025 – The Justice Department dismisses eight immigration judges at New York’s 26 Federal Plaza, part of a nationwide purge that removes roughly 90 judges and deepens a backlog exceeding 3.7 million cases[9].

Dec 5 2025 – Chief Justice John Roberts issues a temporary stay halting the Fourth Circuit’s order that would enforce a policy requiring immigration judges to obtain pre‑approval for public speeches, with responses due by Dec 10[7].

Dec 5 2025 – The Supreme Court schedules oral arguments on the DOJ’s emergency motion to block the lower‑court ruling that could let immigration judges pursue First‑Amendment claims in federal court[5].

Dec 5 2025 – The Department of Justice files an emergency motion urging the Supreme Court to block the district‑court decision that would allow immigration judges to sue over speech restrictions, arguing the policy falls within presidential authority[5].

Dec 5 2025 – Syracuse University’s TRAC reports a national immigration‑court backlog of 3,687,750 active cases and an average wait of 636 days, with Florida leading at 523,000 pending cases[8].

Dec 5 2025 – Senators Adam Schiff and Rep. Juan Vargas introduce legislation requiring temporary immigration judges to have appellate experience or significant immigration‑law background, responding to concerns over the administration’s hiring practices[8].

Dec 10 2025 – The deadline for parties to file responses to the Roberts stay passes; if no further action occurs, the stay lapses, potentially restoring the Fourth Circuit’s speech‑policy enforcement[7].

Dec 11 2025 – The court considers Kelly’s request for a second amicus brief; the filing alleges that Supreme Court justices faced threats that may have compromised their impartiality in immigration‑related cases[6].

Dec 19 2025 – The Supreme Court revives the immigration‑judges free‑speech lawsuit, allowing the case to proceed while noting the government has not shown irreparable harm without a stay[3].

Dec 19 2025 – In a technical ruling, the Court backs immigration judges for now, refusing the DOJ’s request to freeze the case and signaling lower courts should move cautiously as the litigation continues[12].

Dec 19 2025 – DOJ solicitor general argues the administration’s firings of immigration judges fall within presidential power, while Knight First Amendment Institute attorney Ramya Krishnan contends the speech restrictions are “unconstitutional” and constitute an “intolerable prior restraint”[12].

Dec 19 2025 – An Army Reserve lieutenant colonel serving as a temporary immigration judge is dismissed after five weeks, after granting asylum in six of eleven cases, underscoring the administration’s push to replace judges with military lawyers[11].

Jan 28 2026 – Federal courts see an unprecedented surge in habeas petitions, with over 400 detainees filing in Minnesota and the Western District of Texas recording 229 filings in a single week, straining court resources[2].

Jan 28 2026 – Judge Patrick Schiltz rebukes the administration for deploying thousands of agents to Minnesota without provisions for handling the resulting hundreds of habeas petitions, citing a three‑week delay for an Ecuadorian detainee’s bond hearing[2].

Jan 28 2026 – The Department of Justice reassigns civil and criminal attorneys to full‑time habeas‑case duty in Minnesota and requests additional prosecutors from other districts to address the backlog[2].

Jan 28 2026 – Operation Metro Surge dispatches more than 3,000 DHS officers to the Twin Cities, accelerating arrests and moving detainees to federal facilities near the U.S.–Mexico border[2].

Jan 30 2026 – An 8th Circuit panel indefinitely pauses Judge Katherine Menendez’s injunction limiting federal agents’ response to peaceful protesters in Minneapolis, with Trump‑appointed Judge David Stras voting to fully grant the administration’s request[1].

Jan 30 2026 – Attorney General Pam Bondi labels Menendez a “liberal” judge who tried to “handcuff our federal law‑enforcement officers,” asserting the 8th Circuit “fully agreed that this reckless attempt to undermine law enforcement cannot stand”[1].

Jan 30 2026 – The 7th Circuit, dominated by Trump appointees, nullifies Judge Sara Ellis’s emergency order banning tear gas, pepper balls and certain physical tactics, ruling the order intruded on executive‑branch personnel decisions[1].

Feb 19 2026 – Judge Sunshine Sykes condemns the administration’s immigration‑detention policy as “terrorizing” immigrants and orders DHS to notify detainees of bond eligibility and provide a phone for attorney calls within one hour[10].

Feb 19 2026 – DHS defends its policy by citing Supreme Court precedent that repeatedly overrules lower courts on mandatory detention, asserting ICE “has the law and the facts on its side”[10].

Feb 19 2026 – The ruling notes that Trump‑era bond‑hearing restrictions have generated more than 20,000 habeas petitions since 2017, many granted but often ignored by the government[10].

Feb 19 2026 – Other judges impose sanctions for non‑compliance, including a Minnesota judge holding a Trump‑administration lawyer in contempt and a New Jersey judge demanding explanations for missed bond‑hearing deadlines in dozens of cases[10].

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