A federal judge in Colorado has mandated the immediate release of a man, Edgardo Garcia Vargas, who was detained by immigration agents shortly after being freed from detention. The ruling from U.S. District Judge S. Kato Crews accused the Trump administration of a continuous violation of due process. He warned that officials might face contempt charges if they re-arrest him without a proper hearing.
Judge S. Kato Crews, appointed by President Biden, noted that Garcia Vargas was initially released under a prior court order. However, Immigration and Customs Enforcement (ICE) arrested him before he could leave the detention facility. Crews remarked in his order, dated November 3, “Once again, the cruelty appears to be the point.” Newsweek has reached out to ICE and the Department of Homeland Security for comments and is awaiting their responses.
This incident unfolds amid rising tensions between the Trump administration and federal judges concerning immigration enforcement. Federal courts are increasingly challenging governmental detention practices. In numerous instances, immigration authorities have been accused of not adhering to judicial orders. Recently, the administration has been intensifying deportation efforts, with immigration arrests soaring in Colorado. Data acquired through the Freedom of Information Act by the Deportation Data Project shows arrests grew from 259 in March to 499 in July 2026.
Citing the government’s argument, Crews noted that Garcia Vargas was technically released, and the habeas relief was satisfied. However, the judge dismissed this claim, declaring that Garcia Vargas had been in continuous custody since his initial arrest, rendering any habeas relief “meaningless.” Crews added, “No person would have felt free to leave under these circumstances.”
The government did not respond to the petition, so the court accepted Garcia Vargas’ due process claim as conceded.
Crews emphasized that re-arresting Garcia Vargas minutes after his release nullified his release and infringed on his due process rights. He ordered Garcia Vargas’ immediate release and demanded an administration status report within three days to confirm compliance. Furthermore, the judge prohibited authorities from re-detaining Garcia Vargas absent a bond hearing establishing that he might flee or pose a danger. The government is responsible for proving this, while Garcia Vargas is entitled to legal representation.
Crews remarked that re-arrest without a hearing could lead to contempt actions. “Should Petitioner again be instantly rearrested without receiving the foregoing due process,” he stated, “Respondents shall appear in this Court for consideration of whether contempt proceedings are warranted.” Key figures named in the case include Juan Baltazar, the warden of the Aurora Contract Detention Facility, David Venturella, acting ICE director, and Homeland Security Secretary Markwayne Mullin.
This ruling occurs amid a separate legal dispute surrounding ICE’s arrest protocol in Colorado. Another federal judge has recurrently argued that the agency violated orders to halt warrantless arrests. In a previous case, Judge R. Brooke Jackson suggested sanctions against agents tied to two disputes, including one that left an 18-year-old with a broken wrist and facial injuries. The government has appealed the injunction, with hearings slated for November 16.
Simultaneously, ICE is amplifying its detention presence in Colorado. Axios Denver has reported that the state’s detention capacity is likely to double due to increased immigration enforcement.
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