Immigration court
A courtroom at the Port Isabel Detention Center (PIDC), hosted by U.S. Immigration and Customs Enforcement (ICE) in Los Fresnos, Texas Via Getty Images

A recent analysis by Politico shows how Justice Department lawyers and federal courts have been strained by the surge of legal challenges tied to the Trump administration's immigration detention campaign, even as enforcement activity has begun to slow in recent weeks.

For months, federal courts have been flooded with habeas corpus petitions filed by Immigration and Customs Enforcement detainees seeking release or an opportunity to challenge their detention. According to the news outlet, filings peaked between January 16 and February 17 during the administration's large-scale enforcement effort known as Operation Metro Surge, reaching roughly 300 to 400 petitions per day and topping 400 on February 6.

By early March, the number had fallen closer to 200 per day after the administration reduced its enforcement presence in several locations, including Minnesota.

The litigation wave has placed significant pressure on government attorneys, as Politico explains, illustrated by a February hearing in Minnesota, where a Justice Department lawyer described the strain to a federal judge, remarking bluntly that "this job sucks." Prosecutors say the volume of detention cases has forced them to shift resources away from other investigative work while responding to court orders and defending the administration's detention policies.

The slowdown in lawsuits corresponds with a decline in immigration arrests reported by The New York Times last week, citing internal Department of Homeland Security data. ICE arrests fell in February to about 1,115 per day on average, roughly 11 percent lower than the previous month.

Officials say enforcement efforts have moved toward more targeted operations after earlier sweeps in cities such as Minneapolis, Chicago and Los Angeles triggered protests and political backlash.

Even with the decline, immigration enforcement remains elevated compared with previous administrations. Arrest levels are still roughly four times higher than during the final year of the Biden administration, according to federal data reviewed by The Times.

At the same time, legal challenges to the detention campaign have been widespread. A review of federal court records cited by Reuters in February found that more than 400 judges have ruled against immigration authorities in at least 4,400 cases since October, often concluding detainees were held in violation of existing law or constitutional protections.

Justice Department officials say the surge in filings has accelerated in 2026. In a declaration to the Ninth Circuit Court of Appeals, Nirav Desai, an appellate chief in the Eastern District of California, said his office alone has handled about 1,400 habeas cases this year. "The pace of filings accelerated in 2026," Desai wrote, reaching roughly 100 to 200 new cases each week.

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