ICE no-bond detention policy floods New Mexico courts with habeas corpus petitions
Apr 5, 2026 · Albuquerque, NM

The Trump administration's no-bond detention policy for undocumented immigrants has prompted a surge of legal challenges in New Mexico federal courts. Since July 2025, over 800 habeas corpus petitions have been filed in New Mexico, with more than 34,590 filed nationwide challenging the policy that mandates detention for all noncitizens without authorization pending removal proceedings. To handle the unprecedented volume, criminal prosecutors at the U.S. Attorney's Office in New Mexico have been reassigned to defend the detention policy, a task typically handled by civil division attorneys. Federal judges report a dramatic increase in petition volume compared to previous years, with roughly a dozen filed from 2020-2024 versus over 400 from January through February 2026. The 10th Circuit has yet to rule on whether the detention practice violates due process rights.
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