Hijacked
Jurisdiction: How District Courts Are Blocking Immigration Enforcement
By
Charlton Allen www.americanthinker.com
Immigration
law was never meant to run through federal district courts—and that’s no accident.
Congress explicitly stripped district courts of jurisdiction over immigration
cases because, quite frankly, federal judges have no business making ad hoc
immigration policy from the bench. Yet, time and again, activist attorneys have
tried to drag immigration disputes into district court, knowing full well it’s
a legal avenue Congress closed for a reason.
As
Mahmoud Khalil’s case winds its way through the courts, it’s time to confront
why Congress shut district courts out of immigration law—and why their recent
defiance marks a troubling breach of that boundary.
Congress Shut the Door—Activists Keep Picking the Lock
Under
the Immigration and Nationality Act (INA), Congress established that
immigration cases are to be handled through the administrative process—first
before an immigration judge, then before the Board of Immigration Appeals
(BIA), and finally in the federal circuit courts. District courts? Nowhere in
that hierarchy.
Why?
Because allowing district judges—who may have no expertise in immigration
law—to rule on deportation cases creates a fractured, inconsistent, and
politicized mess. Congress recognized this and enacted sweeping reforms, most
notably the Illegal
Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, which
explicitly removed district court jurisdiction over deportation orders. The
entire purpose of these reforms was to stop what we are seeing today: activist
attorneys venue-shopping for a friendly district judge who will override
federal immigration enforcement.
And
yet, here we are.
Habeas Corpus: A Procedural Battering Ram Against
Immigration Law
One
of the primary tools activist lawyers use to circumvent jurisdictional limits
is the writ of habeas corpus. In theory, habeas is a safeguard against unlawful
detention by the state. In practice, in the immigration context, it’s been
weaponized to stall—and even thwart—lawful deportations by dragging cases into
district court, where sympathetic judges often rule far beyond their statutory
authority.
Traditionally,
habeas corpus was reserved for extreme cases: when someone is held without
charges, detained beyond the expiration of a lawful sentence, or imprisoned by
a court that lacked jurisdiction in the first place. It’s a shield against
tyrannical imprisonment—not a sandbox for relitigating lawful deportation
orders. Yet, in today’s immigration context, habeas actions are being stretched
far beyond that historic purpose. Simply disagreeing with the executive
branch’s enforcement priorities—or facing removal after due process—is enough
to trigger a habeas claim and grind the system to a halt.
This
is precisely what happened in Mahmoud Khalil's case. His attorneys filed for
habeas relief not because of unlawful detention but because it gave them an
opening to get a district judge to intervene in a case outside that court’s
jurisdiction. It’s a legal shell game: keep moving the pieces until they land
before the right judge.
And
it’s far from an isolated case. Immigration and Customs Enforcement recently
detained Badar Khan Suri, an Indian citizen and doctoral student at Georgetown
University, for allegedly spreading Hamas propaganda online. Despite the
national security implications, Suri’s attorneys ran the same habeas
playbook—filing in district court to halt removal proceedings.
And
it worked. Judge Patricia Giles issued
an order barring ICE from deporting Suri, stating he “shall not be removed
from the United States unless and until the Court issues a contrary order.”
More
telling still was how Georgetown University chose to respond. A university spokesman
told the BBC that Suri had been granted a visa “to continue his doctoral
research on peacebuilding in Iraq and Afghanistan” and that the school was “not
aware of him engaging in any illegal activity.”
It
was the Sgt. Schultz defense—“I know nothing!”—from one of America’s top
universities, willfully blind as a foreign national allegedly spread terrorist
propaganda on their watch.
The
Suri case illustrates how thoroughly district courts have been co-opted into
the activist legal network’s strategy. They are no longer passive arbiters of
law—they are now active participants in obstructing immigration enforcement
through procedural end-runs around Congress’s jurisdictional framework.
And
Congress anticipated this maneuver. Under the REAL ID Act of 2005, Congress
explicitly barred district courts from hearing habeas corpus petitions in
immigration cases. The statute
states:
A
petition for review filed with an appropriate court of appeals... shall be the
sole and exclusive means for judicial review of an order of removal.
And
further:
Judicial
review of all questions of law and fact... including interpretation and
application of constitutional and statutory provisions... shall be available
only in judicial review of a final order... and shall be governed only by [8
U.S.C. § 1252].
Activist
attorneys often argue that constitutional claims—such as alleged due process
violations—should carve out an exception, allowing them to bypass the REAL ID
Act and head straight to district court. But that’s a misread of the law. The
statute is explicit: judicial review of “all questions of law or fact,
including interpretation and application of constitutional... provisions” must
go through the federal courts of appeals—not district courts.
The
Supreme Court affirmed this in DHS v.
Thuraissigiam (2020), holding that the REAL ID Act constitutionally
channels all review of removal orders—including constitutional claims—into the
appellate courts, not district courts. Constitutional claims are not a free
pass to override immigration law—they’re part of the same streamlined judicial
process Congress put in place.
These
provisions were designed to prevent jurisdictional gamesmanship and ensure that
deportation cases are handled consistently at the appellate level—not through
scattered rulings by district judges with no immigration mandate.
The Danger of Letting District Judges Hijack Immigration
Policy
This
is a high-stakes power struggle over who controls immigration policy: Congress
and the Executive Branch, or unelected district judges willing to override
both.
There’s
a reason immigration law isn’t entrusted to the whims of politically inclined
district judges. If every deportation case could be hauled into district court,
enforcement would grind to a halt. Congress deliberately vested immigration
authority in Article II administrative officers, with a judicial review process
that bypasses Article III district courts entirely.
Short-circuiting
that framework is far more insidious than simple judicial overreach—it
undermines democratic principles and dismantles the carefully structured system
Congress created. The result? A patchwork of rulings from individual judges
injecting personal ideology into national policy—well outside their
constitutional role. And in many cases, those judges were appointed by
political opponents of the very president charged with enforcing immigration
law.
We’ve
already seen the chaos this creates. Judges issue last-minute stays on
deportations, override executive branch determinations, and, in some cases,
outright block entire categories of enforcement actions. The Khalil and Suri
cases are just the latest examples of activist lawfare aimed at undermining
immigration law, not enforcing it.
Time for the Supreme Court to Body-Check the Lower Courts
The
abuse of jurisdiction in immigration cases is a direct attack on Congress’s
constitutional authority to regulate immigration—and a broader assault on the
president’s ability to execute the law. Congress deliberately removed district
courts from this process for a reason, and their creeping re-entry through
habeas petitions threatens to undo decades of legal precedent and constitutional
balance.
The
Supreme Court must intervene decisively. It’s time for an extreme body check on
rogue actions by certain district court judges who have taken it upon
themselves to rewrite immigration policy from the bench. Congress built a
streamlined process for immigration review through the appellate courts—not a
revolving door for ideological litigation in district court.
If
the Supreme Court fails to act and rein in the lower courts, the president will
lose the ability to enforce the law, and Congress will effectively surrender
its legislative authority. Immigration policy will no longer be governed by
statute or national interest but—using a term fashionable in today’s lexicon—by
oligarchs in black robes.
The
judiciary must stay in its lane, or it will drive the rule of law off a cliff.
And
with all due respect to the Chief Justice, the gravest threat to the
judiciary’s legitimacy isn’t external pressure—it’s coming from inside the
chambers of certain federal district courts.