"R.V. had already spent six months detained at a facility in California when he won his case in immigration court in June. He testified that he had fled his native Cuba in 2024 after protesting against the government, for which he was jailed, surveilled and persecuted. So, after being kidnapped in Mexico, he entered the U.S. illegally and told border agents he was afraid for his life."
"The government has long had the ability to make such appeals or to seek another country where it could deport someone; the Department of Homeland Security generally has 90 days to find somewhere else to send them. But, in practice, such third-country removals were rare, so the person was typically released and allowed to remain in the U.S. That practice has changed under the Trump administration."
A growing number of immigrants who obtain protection from deportation remain detained for extended periods. Some detainees win relief in immigration court but stay in custody while the federal government appeals or searches for a third country to accept them. The Department of Homeland Security generally has 90 days to locate another country for removal, though such third-country removals were historically rare and release was common. Recent ICE instructions and memos have reduced field-office discretion to release migrants, resulting in more continued detention even after protective rulings.
Read at Los Angeles Times
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