The latest
November 8, 2026, at 3 a.m. Central time (2 a.m. Mountain time).
Federal judges in Denver have launched inquiries and issued sharp rebukes against U.S. Immigration and Customs Enforcement (ICE) over an emerging practice of re-arresting detainees within minutes of court-ordered releases outside Colorado’s primary immigration facility, The Denver Post reported.
Multiple individuals held in prolonged custody at the privately operated Aurora Contract Detention Facility had successfully petitioned the U.S. District Court for the District of Colorado for release through writs of *habeas corpus*, arguing they were unlawfully jailed without individualized bond hearings. However, upon being processed out through the facility's front doors, detainees found ICE deportation officers stationed in the lobby and parking lot waiting to place them back in handcuffs on administrative immigration warrants, according to court filings and Fox News.
The aggressive enforcement maneuvers have sparked an unprecedented jurisdictional showdown between the federal bench in Denver and the Department of Homeland Security.
Judges confront "mockery" of court orders
The re-arrest tactics have drawn fierce condemnation from several federal judges in the district. U.S. District Judge Charlotte Sweeney announced a formal inquiry into the agency’s conduct, calling the pattern a "mockery" of judicial authority and describing it in hearings as an unacceptable game of hide-and-seek with federal court mandates, CBS News reported. Judge Sweeney ordered Nathan Rasper, director of ICE’s Denver field office, to appear in her courtroom alongside government attorneys to account for the practice.
In a separate ruling involving detainee Edgardo Garcia Vargas, U.S. District Judge S. Kato Crews issued a scathing eight-page opinion ordering the government to immediately release the man and barring ICE from arresting him again without a judicial bond hearing. Judge Crews wrote that releasing a detainee for mere seconds before immediately taking them back into custody rendered the constitutional right to *habeas corpus* meaningless.
"Once again, the cruelty appears to be the point," Judge Crews wrote in his order, rebuking federal attorneys for defending what he characterized as transparent procedural gamesmanship designed to evade judicial review.
A third federal judge, U.S. District Judge Nina Y. Wang, initiated separate compliance proceedings after ICE officials unilaterally fitted another released detainee with an ankle GPS monitor and burdensome travel restrictions, despite an explicit order granting unconditional release.