Introduction

A ProPublica investigation into federal court records reveals a stark divide in how quickly judges rule on habeas petitions filed by immigrants facing detention. The findings show that geographic location and court staffing levels dramatically affect how long people wait for a decision on whether their detention is lawful.

What Happened

Since January 2025, more than 70,000 habeas petitions have been filed nationwide, asking federal judges to determine if immigrant detainees are being held unlawfully. While courts in California and Florida have closed cases within weeks, judges in Mississippi and Louisiana typically require three months or more. The median wait in Mississippi's Southern District reaches 92 days, compared to just 12 days in Minnesota, where over 1,500 petitions have been processed. Oklahoma's Western District median stands at 63 days, and Louisiana's overall median is 89 days.

  • Mississippi Southern District: 92-day median, with half of resolved cases taking 92 days or more.
  • Louisiana: 89-day median across more than 2,600 filed petitions.
  • Oklahoma Western District: 63-day median, with seven judges each assigned over 150 cases.
  • Minnesota: 12-day median despite a surge in filings earlier this year.

Why This Matters

Advocates say the delays keep people in detention facilities that advocates describe as overstretched and unsafe, with reports of spoiled food, medical neglect, and limited access to legal representation. Some detainees have been deported or chosen voluntary departure while waiting for a ruling, while others remain incarcerated for months. The backlog also strains families, as loved ones are separated for extended periods without a clear timeline for release or due process.

Conditions inside some facilities have drawn particular concern. Liudmila Nafikov described the facility had no hot food or hot water for three days after a fire, saying people went without hot meals. She added that it is not fair or humane to keep people in these conditions for such a long time, especially those who have committed no crime and are sick.

Key Takeaways

  • Median wait times vary by district, from 12 days in Minnesota to 92 days in Mississippi's Southern District.
  • Staffing shortages and uneven court capacity are primary drivers of the delay, with some districts lacking sufficient judges to handle the surge.
  • Detention conditions remain a major concern for advocates and detainees, with reported issues including food shortages and medical neglect.
  • Judicial responses differ widely, with some courts adopting preapproved ordering templates and standing orders to speed proceedings, while others struggle with backlogs and inconsistent timelines.

Conclusion

The investigation confirms that the speed of a habeas ruling often depends more on which courtroom a case lands in than on the merits of the detainee's situation. As immigration enforcement continues to expand, the gap between fast- and slow-moving districts highlights a growing strain on the federal judiciary. Without new judgeships or systemic changes, thousands of immigrants may remain in limbo, waiting months—or longer—for a judge to decide whether their detention is lawful.