10 lost cases: Courts are ruling en masse against Trump's immigration policies.

Analysis of the publication Politico The courts rule against ICE detention practices in approximately 90% of cases. This has been the case since the agency began detaining migrants en masse during deportation proceedings.

Courts have ruled migrant detentions unlawful over 10 times, accounting for approximately 90% of all cases reviewed.

The unprecedented mandatory detention policy has provoked a backlash in lower courts unlike any other. It has undermined the relationship between the Justice Department and the judiciary, provoked internal divisions within the administration itself, and ruined the lives of thousands of people—not only those detained, but also their families. Many of the family members of those detained are U.S. citizens.

On the subject: Deportation from the US: A Complete Guide to Protecting Your Rights and Challenging Decisions from an Immigration Lawyer

The administration lost nearly 10,400 cases and won about 1,200. Although the judicial workload was unevenly distributed, the overwhelming majority—more than 425 judges—came to the same conclusions. Even among judges appointed by Trump himself, the majority sided with the migrants.

The administration is reacting cautiously to these figures. They attribute the losses to "the influence of the left and its allies on the judicial system" and assert that the final victory will come in the Supreme Court.

Over the past ten months, even the Department of Justice, which represents the federal government in court, has occasionally acknowledged its inability to defend certain ICE actions. Many judges are at a loss for words to describe what's happening.

"This goes beyond the usual legal description. It's an attack on the constitutional order," one wrote.

The more than 10 cases include a nursing mother detained despite her valid refugee status, a woman separated from her one-year-old child and released only after the child was hospitalized, and the parents of US military personnel. The cases also include victims of human trafficking and a five-year-old boy detained on his way home from school.

Judges who have heard dozens of similar cases increasingly speak of growing frustration over mass arrests and the disregard for court decisions.

"The laws of human decency clearly condemn such conduct," wrote federal Judge Gary Brown, a Trump appointee, in the case of a man stripped of his legal status after his arrest.

One judge, who has ruled against the administration more than 90 times, compared the situation to the myth of Hercules battling the many-headed Hydra: for every head severed, new ones grow. Another recalled Sisyphus and his endless toil.

Judges are also concerned about ICE's methods: detaining parents outside schools, making arrests in courthouses after hearings, making arrests during routine visits to agency offices, arresting people previously protected by programs like DACA, and backdating warrants to justify arrests already made.

The flood of cases overwhelmed both the courts and the Department of Justice, which was forced to recruit inexperienced lawyers from other agencies. At times, they found themselves in situations where ICE even ignored its own lawyers.

"Despite hundreds of similar rulings in favor of detainees, ICE continues to operate illegally, waste taxpayer dollars, and squander judicial resources," said Federal Judge Harvey Bartle III.

Major presidential initiatives are often challenged in court. But such a massive influx of decisions unfavorable to the administration is unique.

Federal law requires detaining those "attempting to enter" the United States. Previously, this applied primarily to people apprehended at the border. However, in July 2025, Acting ICE Director Todd Lyons ordered that millions of long-time migrants be considered "attempting to enter" as well. This automatically made them ineligible for bail.

Previously, such individuals could expect release by an immigration judge. The new policy effectively closed this avenue.

This triggered a wave of lawsuits: detainees began seeking a hearing or release based on their individual circumstances. ICE, in turn, often circumvented court orders—for example, by transferring people to other states, where the process was restarted, or by holding formal hearings that judges found insufficient. These actions only increased the number of cases and fueled judges' frustration.

In addition to mandatory detentions, the publication's database includes thousands of cases in which courts found violations of ICE's own rules, deprivation of due process, or excessive detention without realistic prospects of deportation.

The administration claims the new policy is a response to the "catch and release" practices of the Joe Biden era, and insists it's working. They cite voluntary departures from the country and a sharp decline in border crossings as evidence.

The White House, the Justice Department, and the Department of Homeland Security declined to answer reporters' questions in detail. Instead, they criticized the judges, calling them "judicial activists," and reiterated their expectation of victory in the Supreme Court.

"The law clearly requires detention prior to deportation," a White House spokeswoman said.

The administration's attempts to gain support in the appellate courts have yielded mixed results. Two courts—the Fifth and Eighth Circuits—upheld the government's position. Three others—the Second, Sixth, and Eleventh Circuits—opposed it. In one case, the justices were evenly divided. The United States is divided into federal appellate circuits (called circuit courts). The decisions of these courts are binding only within their respective jurisdictions, and sometimes different circuits may interpret the same law or government action differently. This situation is called a "circuit split." When such a split occurs, it almost always signals the U.S. Supreme Court, which typically takes the case to ultimately decide the correct interpretation of the law, ensuring uniform rules apply nationwide.

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As cases move up the judicial system, the emphasis shifts from human stories to legal arguments. But it is precisely the human side of these 10 cases that has already had a noticeable impact on many judges.

"Observation of human behavior reveals that for some, the desire for power and the willingness to commit cruel acts know no bounds," wrote federal Judge Fred Bieri, ordering the five-year-old boy's release. "And the law is ignored."

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