Judge Sykes Orders DHS to Notify Detainees of Bond Rights, Mandates Attorney Phones
Updated (2 articles)
Judge Sykes Criticizes Trump‑Era Detention Policy On February 19, 2026, U.S. District Judge Sunshine Sykes in Riverside, California issued a scathing decision calling the Trump administration’s immigration detention actions “terrorizing” immigrants and citing the Minnesota deaths of Renee Good and Alex Pretti as evidence of “extended violence on its own citizens” [1]. She ruled that the policy recklessly violates the law and harms the nation’s fabric. The decision follows her earlier November and December rulings that mandatory detention breaches congressional authority.
Court Order Requires Immediate Bond Eligibility Notices Judge Sykes ordered the Department of Homeland Security to give detained immigrants notice that they may qualify for bond and to supply a phone for contacting counsel within one hour of detention [1]. The ruling overturns a September immigration‑court order that had supported mandatory detention without such notices. DHS must implement the notice and phone requirement nationwide, affecting all non‑criminal detainees.
DHS Defends Policy Citing Supreme Court Precedent The Department of Homeland Security responded that the Supreme Court has repeatedly overruled lower courts on mandatory detention and that ICE “has the law and the facts on its side,” asserting compliance with existing court decisions until they are overturned [1]. DHS emphasized that its actions are grounded in higher‑court precedent, not the district court’s interpretation. The agency pledged to continue the policy while appealing the ruling.
Habeas Corpus Petitions Surge 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 petitions have been granted, but the government frequently failed to follow court orders, prompting further judicial scrutiny. The volume of petitions reflects widespread resistance to the mandatory‑detention framework.
Other Judges Impose Sanctions for Non‑Compliance A Minnesota judge held a Trump‑administration lawyer in contempt for refusing to return an immigrant’s ID, and New Jersey Judge Michael Farbiarz ordered the administration to explain procedural failures after missed bond‑hearing deadlines in 12 of roughly 550 cases since Dec. 5 [1]. These sanctions illustrate a broader pattern of judicial pushback against the administration’s detention practices. The rulings underscore the courts’ willingness to enforce compliance.
Judge Reaffirms Mandatory Detention Violates Congress In reaffirming her earlier decisions, Judge Sykes emphasized that mandatory detention contravenes an act of Congress and harms families and communities, noting that most detainees are not dangerous criminals [1]. She warned that denying due process erodes the “fabric of this very nation.” The statement reinforces the legal and moral arguments against the policy.
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Timeline
2017 – The Trump administration ends the practice of allowing bond hearings for non‑criminal immigration detainees, a change that later fuels more than 20,000 habeas corpus filings seeking release [2].
Summer 2025 – DHS implements a policy that sharply reduces the number of detainees eligible for bond hearings in immigration courts, prompting a wave of emergency habeas petitions in federal district courts [1].
2025 – Immigrants Renee Good and Alex Pretti die in Minnesota detention facilities, incidents the administration later cites as evidence of “extended violence on its own citizens” [2].
Nov 2025 – U.S. District Judge Sunshine Sykes issues a ruling declaring that mandatory detention violates congressional authority and harms families and communities [2].
Dec 2025 – Judge Sykes issues a second decision reinforcing her November ruling and emphasizing that denying due process undermines the nation’s fabric [2].
Dec 5 2025 – New Jersey Judge Michael Farbiarz orders the Trump‑era immigration agency to explain procedural failures after missed bond‑hearing deadlines in 12 of roughly 550 cases since this date [2].
Jan 1 2026 – Federal courts record an unprecedented surge in habeas petitions, with Minnesota seeing over 400 filings in the first week, more than triple the previous year’s total [1].
Mid‑Jan 2026 – The Western District of Texas files 229 new habeas petitions in a single week (180 one week, 125 the prior week), illustrating the nationwide backlog [1].
Jan 2026 – Operation Metro Surge dispatches more than 3,000 DHS border and immigration officers to the Twin Cities, accelerating arrests and moving detainees to federal facilities near the U.S.–Mexico border [1].
Jan 2026 – The DOJ reassigns civil and criminal attorneys in the Fifth Circuit to full‑time habeas‑case duty and requests additional prosecutors from Midwestern U.S. attorney offices to address the filing surge [1].
Jan 2026 – U.S. District Judge Patrick Schiltz rebukes the administration for sending thousands of agents to Minnesota without provisions for handling the hundreds of habeas petitions, citing a three‑week delay for an Ecuadorian detainee’s bond hearing [1].
Feb 19 2026 – Judge Sunshine Sykes issues a scathing decision calling the administration’s actions “terrorizing” immigrants, orders DHS to notify detainees of bond eligibility and to provide a phone for attorney contact within one hour, and overturns a prior immigration‑court order supporting mandatory detention [2].
Feb 19 2026 – DHS defends its mandatory‑detention policy by citing Supreme Court precedent that repeatedly overrules lower‑court mandates, asserting that ICE “has the law and the facts on its side” while awaiting any future overturn [2].