
US courts fault ICE over unlawful detention of Indian nationals
Several US federal courts have ruled against Immigration and Customs Enforcement (ICE) in recent cases involving Indian nationals, finding that the agency unlawfully detained individuals without providing bond hearings or basic due process protections required under US law.
Judges in California, Michigan, and Pennsylvania issued orders this month directing ICE to release detained Indian citizens or to promptly provide bond hearings. The rulings rejected the government’s reliance on mandatory detention provisions for individuals who had already been living in the United States prior to their arrests.
In California, the US District Court for the Southern District of California ordered the immediate release of Vikas Kumar, an Indian national held at the Otay Mesa Detention Center. The court found that ICE unlawfully revoked Kumar’s parole without notice, explanation, or an opportunity to be heard, in violation of the Fifth Amendment’s Due Process Clause.
Kumar entered the United States in March 2024 and was released on conditional parole after authorities determined he was neither a flight risk nor a danger to the community. He later obtained work authorization, a driver’s license, and a Social Security number, and filed an asylum application. In December 2025, he was re-arrested while working as a DoorDash delivery driver. The court ruled that the government failed to demonstrate any change in circumstances justifying his detention and ordered his release under the original parole conditions.
In Michigan, the US District Court for the Western District of Michigan granted habeas relief to Varun Varun, an Indian citizen detained at the North Lake Processing Center. The court held that ICE improperly subjected him to mandatory detention provisions meant for arriving noncitizens, despite his prior residence in the United States.
Varun entered the country in April 2023, was initially released on his own recognizance, and later applied for asylum. He was arrested in December 2025 while working as a truck driver. The court ordered ICE to provide him with a bond hearing within five business days or release him, finding that his continued detention violated constitutional due process.
The same Michigan court issued a similar ruling in the case of Sumit Tulsibhai Patel, another Indian national detained at the same facility. Patel entered the United States in 2021 and had previously been released on bond before being re-detained in 2025. The judge ruled that ICE again misapplied mandatory detention rules and ordered a bond hearing or release, citing serious constitutional concerns.
In Pennsylvania, the US District Court for the Eastern District of Pennsylvania ordered the immediate release of Amit Kanaut, an Indian citizen detained by ICE during a routine check-in in December 2025. Kanaut entered the United States in 2022, complied with reporting requirements, worked legally, and pursued an asylum claim. The court rejected the government’s argument that he was subject to mandatory detention as an “applicant for admission,” noting that he had lived in the country for nearly three years.
Across the cases, judges criticized a government policy directing ICE to broadly apply mandatory detention to undocumented immigrants, including those with established ties to the United States. Courts repeatedly held that such individuals are entitled to bond hearings under a different section of immigration law.
The rulings reinforce that noncitizens released after an initial custody determination possess a protected liberty interest and cannot be re-detained without notice, justification, and a fair hearing. The decisions add to growing judicial scrutiny of ICE detention practices and reaffirm that immigration enforcement must comply with constitutional due process requirements.