Federal Courts Show Stark Disparities in Speed of Immigration Detention Rulings
A ProPublica analysis of over 70,000 habeas petitions filed since January 2025 found dramatic variation in how quickly judges rule on whether immigrants are unlawfully detained, with Mississippi and Louisiana courts taking three months or longer while other jurisdictions decide cases in weeks.
What happened
ProPublica analyzed court records from more than 70,000 habeas corpus petitions filed since January 2025, when President Trump returned to office and shifted immigration enforcement toward mass detention. The analysis found that federal judges in Mississippi and Louisiana typically take three months or more to rule on whether detainees should be released, with half of Mississippi's resolved cases taking 92 days or longer. By contrast, courts in Texas, California and Florida have typically closed cases in about a month and a half or less, and Minnesota courts have reached decisions with a median of about 12 days. Some immigrants have been deported or voluntarily accepted deportation rather than wait for rulings.
Context
The surge in habeas petitions has overwhelmed federal court systems unevenly. Courts with staffing shortages have struggled to manage the caseload, which ProPublica notes remains far higher than before Trump's second term began. Detainees awaiting decisions are held in facilities overseen by U.S. Immigration and Customs Enforcement, which advocates describe as substandard and unsafe; the Department of Homeland Security disputes these characterizations. Habeas corpus is constitutionally intended to be adjudicated quickly because liberty is at stake, and a 1988 appeals court decision noted that delay in such cases is especially undesirable. Across districts, judges have overwhelmingly ruled against the Trump administration in habeas cases, with lawyers noting that judges more receptive to habeas relief tend to issue decisions faster.
What's disputed
Conditions in federal detention facilities: advocates allege spoiled food, beatings, and medical neglect; DHS stated that detainees receive three meals daily, clean water, clothing, bedding, showers, soap, and toiletries. DHS acknowledged an August 22 fire at a Mississippi facility that disrupted services but stated operations returned to 100% by August 24 with no injuries.