Why Did US Judges Order the Release of Three Detained Indians?
Synopsis
Key Takeaways
- Due Process Violations: The courts emphasized the importance of due process in immigration detentions.
- Judicial Oversight: These rulings illustrate the role of the judiciary in safeguarding individual rights.
- Impact on Immigration Policy: The cases may influence future immigration enforcement practices.
- Protected Liberty Interest: Once released, individuals acquire a protected liberty interest, complicating future detentions.
- Systemic Issues: The decisions reveal significant flaws in the immigration enforcement system.
Washington, Jan 17 (NationPress) - Federal judges in the United States have mandated the release of three Indian nationals who were detained by immigration authorities. The judges stated that these individuals were held without the opportunity for a hearing or adequate notice, despite having previously been permitted to reside in the US.
The rulings were delivered this week in distinct cases within California's Eastern and Southern Districts. In each instance, the courts determined that Immigration and Customs Enforcement (ICE) did not adhere to fundamental due process protocols prior to re-arresting the individuals.
All three are Indian citizens who had been previously released by immigration officials while seeking asylum or alternative immigration relief when they were detained once more.
In the first case, US District Judge Troy L. Nunley ordered the release of Harmeet S., a 21-year-old who entered the US in August 2022.
Court documents reveal that Harmeet was released as a minor under federal child protection statutes, with his immigration case still pending. He subsequently participated in a program designed to provide alternatives to detention, operated by the Department of Homeland Security. The court acknowledged that he had adhered to all conditions and had no criminal background.
In November 2025, Harmeet attended an in-person check-in with ICE but was detained without prior notice or explanation. He remained in custody for over a month without a bond hearing.
Judge Nunley concluded that this detention likely violated the due process clause of the Fifth Amendment.
The court mandated Harmeet's immediate release, prohibiting immigration authorities from re-arresting him unless they first provide notice and a hearing. Any future detention, according to the judge, would necessitate evidence that Harmeet poses a threat or is likely to abscond.
In a separate ruling, Judge Nunley also ordered the release of Sawan K., another Indian national who entered the US in September 2024. Court filings indicate that Sawan was detained shortly after his arrival, expressing fears of political persecution in India. ICE later released him while his asylum application was being processed.
Despite complying with scheduled ICE check-ins during his release, Sawan was again detained in September 2025 during a routine appointment. The court determined that he was held for approximately four months without a warrant or hearing.
Judge Nunley found that immigration authorities had incorrectly applied mandatory detention regulations that did not pertain to Sawan's situation. The court ruled that Sawan was entitled to a hearing and other procedural protections.
Moreover, the court restricted ICE from re-detaining him unless constitutional standards are satisfied.
In Southern California, US District Judge Janis L. Sammartino granted a writ of habeas corpus for Amit Amit, another Indian national held at the Imperial Regional Detention Center.
Court records indicate that Amit entered the US in September 2022. He was detained briefly and then released under an order of recognizance. After his release, Amit gained employment and filed for asylum, with no criminal history noted in the filings.
In September 2025, Amit was arrested outside his home while awaiting transportation to work. The court ruled that his release was rescinded without notice, explanation, or the chance for a hearing.
Judge Sammartino mandated Amit's immediate release, asserting that immigration authorities must provide notice and a hearing before any future detention. The government would need to demonstrate that Amit poses a danger or flight risk.
In all three instances, the courts asserted that once immigration authorities release an individual from custody, that person acquires a protected liberty interest. The judges concluded that detaining individuals without hearings poses a significant risk of wrongful deprivation of liberty and undermines constitutional safeguards.