Judge Rules 15-Month ICE Detention Violated Green Card Holder’s Due Process

Judge Rules 15-Month ICE Detention of Green Card Holder Violated Due Process

In a significant ruling, a U.S. District Court judge determined that Beata Siemionkowicz, a Polish Green Card holder, experienced a violation of her constitutional rights due to 15 months of detention by Immigration and Customs Enforcement (ICE). The judge ordered an individualized bond hearing, requiring the government to provide clear and convincing evidence to justify her continued confinement. This decision highlights the potential for prolonged detention to raise due process concerns, even for individuals facing removal proceedings.

Background of the Detention

Beata Siemionkowicz, a lawful permanent resident of the United States, was arrested by ICE on August 2, 2025, outside her daughter’s home. Her detention stemmed from two misdemeanor retail theft cases from 2005 and 2011. ICE cited these offenses as crimes involving moral turpitude, which made her deportable under federal law.

An initial request for bond was denied by Immigration Judge Kelly Johnson on August 26, 2025. The judge found that Siemionkowicz had not demonstrated that she was not a flight risk. Subsequently, a removal order was issued on December 9, 2025, directing her return to Poland.

Legal Challenge and Court Ruling

Siemionkowicz’s legal team filed a habeas petition in the U.S. District Court for the Eastern District of Kentucky. The petition argued that her extended detention violated her constitutional rights. U.S. District Judge Karen K. Caldwell reviewed the case, applying a three-part test from the Supreme Court case Mathews v. Eldridge.

This test considers:

1. The individual’s interest in freedom.
2. The risk of an erroneous deprivation of liberty through existing procedures.
3. The government’s interest in the matter.

Judge Caldwell found that all three factors weighed in favor of Siemionkowicz. She noted that while mandatory detention applied due to her deportability, the prolonged duration of her confinement, which far exceeded the typical 90-day period mentioned in a 2003 Supreme Court case, raised serious due process questions. The judge concluded that her detention violated due process.

Release on Bond

Following Judge Caldwell’s ruling, a separate federal judge ordered Siemionkowicz to be released on bond. She was released from the Campbell County Detention Center on November 10, 2026, allowing her to pursue her immigration case from home. Her daughters expressed their determination to continue fighting her case from outside of detention.

The bond allows Siemionkowicz to remain in the U.S. while her removal case continues. It does not resolve the underlying immigration proceedings. Her appeal of the removal order remains pending before the Board of Immigration Appeals.

Implications of the Ruling

The ruling by Judge Caldwell is specific to Siemionkowicz’s case. However, it may have broader implications for other individuals held under mandatory detention rules who have experienced prolonged confinement. The decision emphasizes that while mandatory detention is a legal tool, its application must still respect constitutional due process rights.

The government is required to file a status report detailing the bond hearing and its outcome. Siemionkowicz’s pending appeal is the next significant step in her immigration journey. The case underscores the importance of individualized hearings and the government’s burden to justify continued detention, particularly when it extends for many months.

Frequently Asked Questions