In a significant legal maneuver, the American Civil Liberties Union of Nebraska has initiated a federal court challenge against federal and local immigration authorities, spotlighting the prolonged detention of an individual caught in a recent Omaha ICE raid. This pivotal ACLU lawsuit aims to contest the legality of an automatic stay provision that has kept a single mother incarcerated despite a judge’s clear order for her release on bond, raising serious questions about the scope of immigration authority and due process rights.

The individual at the heart of this legal battle is Maria Reynosa Jacinto, who was apprehended on June 10 during a worksite enforcement operation at Glenn Valley Foods in Omaha. Despite an Omaha-based immigration judge ruling on July 15 that she could be released on a $9,000 bond, her freedom has been inexplicably withheld. This decision to grant bond indicated that she was not considered a danger or a flight risk, a standard assessment in such cases.

However, efforts by the Prairielands Freedom Fund to post the required bond money on Reynosa Jacinto’s behalf were met with an unexpected obstacle: U.S. Immigration and Customs Enforcement (ICE) officials had issued an automatic stay of her release. This administrative action effectively nullified the judge’s order, blocking her release and maintaining her in custody at a North Platte jail while her legal team diligently works on securing her right to remain in the U.S.

The ACLU Nebraska asserts that this automatic stay constitutes an unlawful violation of the Fifth Amendment’s due process clause. Their argument hinges on the premise that ICE’s implementation of this stay goes beyond its inherent authority, effectively overriding a judicial determination and rendering the immigration judge’s decision regarding bond entirely meaningless. This challenge directly confronts the assertion of unchecked executive power in immigration proceedings.

Further, ACLU officials have directly linked the application of this automatic stay to new “interim guidance” issued by the Trump administration on July 8. This controversial guidance broadly declares that nearly all detained immigrants in removal proceedings are ineligible for release on bond, a significant shift in policy. This no-bond practice is not an isolated incident but is also the subject of a class-action lawsuit filed earlier by the ACLU’s national organization and other immigrant rights advocates, emphasizing a widespread concern over immigration detention protocols.

ICE, in response to critiques of its revised approach, has consistently maintained that the change “closes a loophole to our nation’s security.” They contend that previous interpretations of federal law, which allowed for more liberal bond releases, were inaccurate. Yet, the July 8 memo has also been instrumental in previous, unsuccessful attempts by ICE to prolong the detention of other Glenn Valley workers who had been granted bond, highlighting a pattern of challenging judicial rulings.

Jennifer Houlden, acting legal director at ACLU Nebraska, underscored the rarity of this automatic stay provision in previous decades, noting its current widespread application. She stated that it instantly halts a judge’s bond order “without any reason particular to the person and without any opportunity for them to be heard on the issue,” highlighting a critical erosion of individual protections during immigration detention. This systematic application raises alarms for civil liberties advocates.

Reynosa Jacinto’s lawsuit specifically seeks a court order for her immediate release on bond or, alternatively, demands that immigration authorities provide a lawful justification for her continued detention. This case is not unique; approximately 23 other individuals detained in the June 10 Glenn Valley raid remain in custody in North Platte, with some already removed from the country and others released on bond, underscoring the arbitrary nature of these detentions.

Mindy Rush Chipman, ACLU executive director, affirmed that this widespread no-bond situation is broadly impacting ICE detainees not only in Nebraska but across the entire nation. The ACLU anticipates filing additional lawsuits, signaling a sustained federal court challenge against these detention practices, as families like Maria Reynosa Jacinto’s daughter grapple with the profound and enduring separation caused by these policies. The legal fight for fundamental due process rights continues.