US federal courts in various states have ruled against immigration authorities in cases concerning Indian nationals. The courts found that Immigration and Customs Enforcement (ICE) unlawfully detained these individuals without necessary bond hearings or due process protections as required by federal law. Recent rulings in California, Michigan, and Pennsylvania have either ordered the release of Indian citizens or mandated prompt bond hearings, rejecting ICE’s use of mandatory detention provisions for those already residing in the US.
In California, the US District Court for the Southern District ordered the immediate release of Vikas Kumar, an Indian national held at the Otay Mesa Detention Center. The court determined that ICE violated Kumar’s rights by revoking his parole without due process. Kumar, who entered the US in March 2024 and was later arrested while working for DoorDash, had his release ordered under his original parole conditions.
Meanwhile, in Michigan, the US District Court for the Western District granted relief to Varun Varun and Sumit Tulsibhai Patel, both Indian citizens detained by ICE. Varun, who entered the US in April 2023, was wrongly held under a mandatory detention statute despite living in the country before his arrest. The court ordered a prompt bond hearing or release for Varun, emphasizing due process violations. Similarly, Patel, who entered in 2021, faced a similar situation, with the court ruling in his favor due to ICE’s misapplication of mandatory detention rules.
In Pennsylvania, the US District Court for the Eastern District ordered the release of Amit Kanaut, an Indian citizen detained during a routine check-in. The court rejected ICE’s argument for mandatory detention, emphasizing Kanaut’s prolonged stay in the US. The judge deemed his detention without a bond hearing as a violation of due process and ordered his immediate release.
The courts criticized a recent government policy that directed ICE to treat many undocumented immigrants as subject to mandatory detention, even if they were already residing in the US. Judges emphasized that individuals released after an initial custody determination have a protected liberty interest and cannot have their parole or bond revoked without proper procedure. These rulings reflect a trend of courts pushing back against ICE’s detention practices and reinforcing the importance of constitutional due process for Indian nationals seeking asylum in the US.
