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Detained immigrants wait months for release rulings in some courts

Immigration detainees challenging their confinement face vastly different wait times for rulings, from a 12-day median in Minnesota to 92 days in Mississippi. Some give up and accept deportation rather than keep waiting.

Sep 3, 2026

Detained immigrants wait months for release rulings in some courts
Photo via ProPublica

A ProPublica analysis of more than 70,000 habeas corpus petitions filed since January 2025 found that federal courts vary dramatically in how quickly they rule on whether immigration detainees are being unlawfully held. In Mississippi's Southern District, home to the Adams County Correctional Center, closed cases have taken a median of 92 days, the longest of any state, while Louisiana's more than 2,600 filed petitions have taken a median of 89 days to resolve. By contrast, Minnesota, with over 1,500 petitions filed, has closed cases in a median of 12 days, and Oklahoma's Western District has taken a median of 63 days. Attorneys and advocates say the delays leave detainees waiting in prisonlike conditions, with some accepting deportation or voluntary departure rather than continue waiting for a ruling, and while new filings have slowed somewhat in recent months, they remain far higher than before the surge began.

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