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The Trump administration’s no-bond detention policy for immigrants has spurred hundreds of petitions from detainees seeking relief from New Mexico’s federal courts, according to data from an immigrants’ rights group.

Court records show that to meet the demand, criminal prosecutors at the U.S. Attorney’s Office in New Mexico have been assigned of late to defend the detention policy for the government. Typically, attorneys in the civil division represent federal and prison officials named in the petitions.

As of last Thursday, the number of so-called habeas corpus petitions filed in New Mexico topped 800 since the policy was enacted last July, according to data from the nonprofit Immigration Justice Transparency Initiative. 

That data shows more than 34,590 petitions have been filed nationwide by individuals arrested by U.S. immigration authorities and held without bond pending removal.

The petitioners, typically those who have lived and worked in the U.S. for some time, are usually granted at least a bond hearing after their petitions are considered by New Mexico judges. Sometimes, they are released pending a bond review to see if their circumstances have changed to require incarceration, according to a random case review by the Journal.

The review showed petitioners being held in New Mexico detention centers included a Chinese national working at a nail spa in New York; a citizen of Kyrgyzstan who resided in Maywood, Illinois; and a native of Cameroon who was briefly detained by the Department of Homeland Security after his entry into the U.S. in 2022 and was released on his own recognizance while he applied for asylum.

The Cameroon native was arrested again by immigration authorities on Dec. 16, 2025 and has no criminal history, according to court records.

The federal government contends that all noncitizens in the U.S. without authorization are subject to mandatory detention, whether they have lived and worked here for years, or have recently been caught at a border crossing or port of entry. 

The filed petitions contend detention without an individual bond hearing violates their right to due process and causes irreparable harm.

Two federal appeals courts, the 5th Circuit and 8th Circuit, have sided with the Trump administration in finding the practice lawful. But there’s been no ruling by the 10th Circuit, which covers New Mexico, Oklahoma, Kansas, Colorado, Wyoming and Utah.

In New Mexico, the U.S. District Court has seen a significant increase in petitions since September, experiencing the greatest spike from December through March of this year, said Heather A. Small, chief deputy of the court.

From 2020 to 2024 combined, roughly a dozen such habeas corpus petitions were filed, compared to more than 400 from Jan. 1 to the end of February this year, Small told the Journal in an email.

“We’ve never seen this volume of habeas petitions, especially in such a short time,” said Chief U.S. District Judge Kenneth J. Gonzales in a statement. “Every petition is critically important because it involves an individual’s liberty. As a result, the judges are considering each petition with appropriate priority, but this is an added challenge because of the increased criminal immigration cases and other serious criminal cases on our dockets.”

Meanwhile, Ryan Ellison, first assistant U.S. Attorney for New Mexico, told the Journal through a spokeswoman last week, “Consistent with (Department of Justice) policy, we do not comment on internal staffing or attorney assignments.

“The U.S. Attorney’s Office will fulfill its legal obligations in responding to court filings, including habeas corpus petitions, while continuing to exceed prior prosecution levels,” the spokeswoman stated. “In 2025, narcotics prosecutions increased nearly 30% and firearms-related prosecutions increased by approximately 32% compared to 2024. Additionally, 7,099 immigration and border-related criminal cases were charged in 2025, which represents a 206% increase over 2024.”

It wasn’t clear how many federal criminal prosecutors in New Mexico have added civil habeas corpus petitions to their caseloads.

At least two such prosecutors were found in a review of court records.

Veteran prosecutor, Jack Burkhead, is listed as having represented the government in several such petitions. He is also handling the death penalty eligible case against alleged serial killer Labar Tsethlikai, who is charged with kidnapping, murder, assault and sexual abuse of at least 17 men from 2022 to 2024.

At least a few of the immigration cases have been handled by assistant U.S. attorney Katherine Lewis.

Lewis has been part of the public corruption prosecution of the more than a dozen defendants, including sa���ʴ�ý������ҳ��� police officers and two attorneys, who have pleaded guilty in the massive racketeering and bribery case involving DWI dismissals.

That investigation remains ongoing, Ellison’s office stated.