U.S. Court Orders Release of Three Indians from ICE Custody
Judges say detentions violated due process, were carried out without proper notice or hearings
U.S. Court Orders Release of Three Indians from ICE Custody
Washington: In California, U.S. federal judges have ordered immigration authorities to release three Indian nationals who were taken into custody by Immigration and Customs Enforcement (ICE). The courts ruled that these individuals had previously been allowed to remain in the United States and were later detained again without a hearing or proper notice.
During this week, separate rulings were issued in cases heard in California’s Eastern and Southern Districts. In each case, the courts found that immigration and law enforcement officials failed to follow basic procedural requirements before re-arresting the individuals.
It is noteworthy that since Donald Trump’s return to power, U.S. immigration policies have undergone several major changes, with stricter laws and increased scrutiny of immigrants living in the country.
The three Indian nationals in whose favor the courts ruled had earlier been released by immigration authorities but were later taken back into custody. In the first case, U.S. District Judge Troy L. Nunley ordered the release of 21-year-old Harmeet S., who had traveled to the United States in August 2022.
Court records show that Harmeet was released earlier under federal child protection laws as he was a minor at the time. His immigration case is still pending. He later enrolled in an alternative-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 before ICE for an in-person check-in. He was detained without any advance notice and remained in custody for over a month without a bond hearing. Judge Nunley ruled that this detention likely violated the Due Process Clause of the Fifth Amendment.
The Due Process Clause in the U.S. Constitution prevents the government from depriving any person of life, liberty, or property without due legal process. Based on this, the court ordered Harmeet’s immediate release and barred immigration authorities from re-arresting him without first providing notice or a hearing. The judge stated that any future detention would require proof that Harmeet poses a danger or is likely to flee.
In another case, Judge Nunley ordered the release of Sawan K., an Indian national who entered the United States in September 2024. According to the court, Sawan was detained immediately upon entry. He expressed fear of political persecution in India, and when ICE initially released him, his asylum application was still pending.
After his release, Sawan regularly appeared for ICE check-ins. Despite this, he was taken back into custody during a routine appointment in September 2025. The court observed that Sawan was detained for nearly four months without a warrant or a hearing.
In the third case, in Southern California, U.S. District Judge Janis L. Sammartino granted a writ of habeas corpus—an order requiring physical production before the court—for Indian national Amit, who was detained at the Imperial Regional Detention Center.
According to court documents, Amit arrived in the United States in September 2022. He was detained briefly and later released on his own recognizance. After his release, Amit found employment and applied for asylum. Filings stated that he had no criminal record. In September 2025, Amit was arrested outside his home while waiting for a vehicle to go to work.
