US Judges Free 3 Indians, Slam ICE for Unlawful Detentions Without Hearings

The rulings were issued this week in separate cases in the Eastern and Southern Districts of California. In each case, the courts found that Immigration and Customs Enforcement failed to follow basic due process requirements before re-arresting the men.

All three are Indian nationals who had been released by immigration authorities and were pursuing asylum or other immigration relief when they were detained again.

In the first case, US District Judge Troy L. Nunley ordered the release of Harmeet S., a 21-year-old who entered the United States in August 2022.

Court records show Harmeet was released as a minor under federal child protection laws. His immigration case is still pending. He later enrolled in an alternatives-to-detention program run by the Department of Homeland Security. The court noted that he complied with all conditions and had no criminal history.

In November 2025, Harmeet appeared for an in-person check-in with ICE. He was detained without advance notice or an explanation. He remained in custody for more than a month without a bond hearing.

Judge Nunley ruled that the detention likely violated the Fifth Amendment's due process clause.

The court ordered Harmeet's immediate release and barred immigration authorities from re-arresting him unless they first provide notice and a hearing. Any future detention, the judge said, would require proof that Harmeet poses a danger or is likely to flee.

In a separate ruling, Judge Nunley ordered the release of Sawan K., an Indian citizen who entered the United States in September 2024. According to court filings, Sawan was detained shortly after entry and claimed fear of political persecution in India. ICE later released him while his asylum application was pending.

During his release, Sawan appeared for scheduled ICE check-ins. Despite that, he was detained again in September 2025 during a routine appointment. The court said Sawan was held for about four months without a warrant or hearing.

Judge Nunley ruled that immigration authorities improperly placed him under mandatory detention rules that did not apply to his case. The court said he was entitled to a hearing and other procedural safeguards.

The court also restrained ICE from re-detaining him unless constitutional requirements are met.

In Southern California, US District Judge Janis L. Sammartino granted a writ of habeas corpus for Amit Amit, an Indian citizen detained at the Imperial Regional Detention Center.

Court records state that Amit entered the United States in September 2022. He was detained briefly and then released on an order of recognizance. After his release, Amit obtained employment and applied for asylum. He had no criminal record, according to filings.

In September 2025, Amit was arrested outside his residence while waiting for transportation to work. The court ruled that his release was revoked without notice, explanation, or an opportunity to be heard.

Judge Sammartino ordered Amit's immediate release and said immigration authorities must provide notice and a hearing before any future detention. The government, the court said, would have to prove that Amit poses a danger or flight risk.

In all three cases, the courts said that once immigration authorities release a person from custody, that person gains a protected liberty interest. The judges found that detaining individuals without hearings creates a high risk of wrongful deprivation of liberty and undermines constitutional protections.

- IANS