JUDGE STRIKES ICE ‘AUTOMATIC STAY,’ FREES 3 FROM OMAHA RAID AS BIA RULING DRIVES MANDATORY DETENTION UNDER SECTION 235

A federal judge in Nebraska ordered three women from the June ICE raid at Omaha’s Glenn Valley Foods released, ruling ICE’s use of an “automatic stay” unconstitutional despite the agency’s appeal of their bond grants. The decision lands amid a new BIA ruling that lets DHS treat many interior arrests as “arriving aliens” under Section 235, expanding mandatory detention and limiting bond hearings. Attorneys expect a wave of federal challenges to both the automatic-stay practice and the BIA reinterpretation. At least four similar wrongful-detention suits remain pending in Nebraska.