Colorado Federal Judges Hold Line On Immigration Detention Limits Despite Fifth Circuit Ruling

By Michael Karlik | Colorado Politics

Colorado’s federal judges are maintaining their view that the government’s assertion of broad immigration detention authority is unlawful, casting aside a recent appellate decision to the contrary as “unpersuasive” and out of step with the predominant interpretation by the judiciary.

However, several judges are speaking out forcefully about the behavior from the government, including missed deadlines, violations of orders, and potential constitutional problems.

Beginning last year, a wave of “habeas corpus” cases flooded Colorado’s U.S. District Court, pushing annual civil filings to more than 4,000 for seemingly the first time. Largely, the petitions challenging immigration detention stem from the federal government’s interpretation of its authority to detain people without releasing them on bond while their removal proceedings unfold.

Broadly, the government decided in mid-2025 that the mandatory detentions authorized for those “seeking admission” to the country extend to those who have been present in the United States for years.

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