US Courts Slam ICE for Unlawful Detention of Indian Nationals

In rulings issued this month in California, Michigan and Pennsylvania, judges ordered the release of Indian citizens or directed ICE to provide prompt bond hearings, rejecting the government's use of mandatory detention provisions for individuals who were already living in the United States.

In California, the US District Court for the Southern District of California ordered the immediate release of Vikas Kumar, an Indian national detained at the Otay Mesa Detention Center. The court ruled that ICE unlawfully revoked Kumar's parole without notice, explanation or a hearing, violating the Fifth Amendment's Due Process Clause.

Kumar entered the United States in March 2024 and was released on conditional parole after authorities found he was not a flight risk or a danger to the community. He later obtained work authorisation, a driver's licence and a Social Security number, and applied for asylum.

He was re-arrested in December 2025 while delivering food for DoorDash. The court said the government failed to show any changed circumstances that justified his detention and ordered his release under the original parole conditions.

In Michigan, the US District Court for the Western District of Michigan granted habeas relief to Varun Varun, an Indian citizen detained at the North Lake Processing Center. The court ruled that ICE wrongly held him under a mandatory detention statute that applies to arriving noncitizens, even though he had been living in the United States before his arrest.

Varun entered the US in April 2023 and was initially released on his own recognisance. He later applied for asylum and lived in California before being arrested while working as a truck driver in December 2025. The court ordered ICE to provide him with a bond hearing within five business days or release him, finding that his continued detention violated due process.

In a separate Michigan case, the same court granted similar relief to Sumit Tulsibhai Patel, another Indian national detained at the same facility. Patel entered the US in 2021 and was released on bond before being re-arrested in 2025. The court ruled that ICE again misapplied mandatory detention rules and ordered a bond hearing or release, citing constitutional concerns.

In Pennsylvania, the US District Court for the Eastern District of Pennsylvania ordered the release of Amit Kanaut, an Indian citizen detained by ICE during a routine check-in in December 2025. Kanaut had entered the US in 2022, complied with ICE reporting requirements, worked legally and pursued an asylum claim.

The court rejected the government's argument that Kanaut was subject to mandatory detention as an "applicant for admission," noting that he had been residing in the United States for nearly three years. The judge said detaining him without a bond hearing "offends due process" and ordered his immediate release.

Across the cases, courts criticised a recent government policy directing ICE to treat many undocumented immigrants as subject to mandatory detention, even if they were already living in the country. Judges repeatedly held that such individuals fall under a different section of immigration law that allows release on bond.

The courts also stressed that noncitizens released after an initial custody determination have a protected liberty interest. Judges said parole or bond cannot be revoked without notice, reasons and an opportunity to be heard.

The rulings add to a growing body of decisions pushing back against ICE detention practices and reaffirming that immigration enforcement must comply with constitutional due process, including for Indian nationals seeking asylum in the United States.

- IANS