The Department of Homeland Security (DHS) recently published a press release on its official website with a bold headline: “Activist Biden Judge Releases Violent Criminal Illegal Alien Wanted for Murder.” The release named federal Judge Melissa DuBose and accused her of knowingly freeing a murder suspect to undermine the president’s deportation agenda.
There was one critical flaw in the accusation: Judge DuBose had no knowledge of the murder case. The omission occurred because the Department of Justice (DOJ) lawyer failed to include the warrant in arguments against the suspect’s release. This failure stemmed from instructions by U.S. Immigration and Customs Enforcement (ICE) to withhold the information from the court.
This case underscores the challenges faced by DOJ lawyers representing ICE, an agency known for disregarding legal constraints and court orders. Attorneys across the country have reported similar difficulties when forced to advocate for an agency that prioritizes political directives over legal obligations.
Legal Battles Over Immigration Detention Policies
The Trump administration has argued that immigrants, even those with decades of residency, working, paying taxes, and raising families, should be treated as “applicants for admission”—a status akin to border crossers. Over 300 district courts have rejected this position, while appeals courts remain divided 2-2. The issue is expected to reach the Supreme Court.
ICE’s conduct in detention cases has drawn widespread criticism. In January 2026 alone, the chief judge of the District of Minnesota found that ICE had likely violated more court orders than some federal agencies have in their entire histories. The case involving Judge DuBose is one such example.
Case Details: Bryan Rafael Gomez
Bryan Rafael Gomez, a Dominican national residing in the U.S. for years, was detained by ICE in April after a local arrest in Worcester, Massachusetts. His legal team filed for habeas corpus in the District of Rhode Island, and Judge DuBose granted the writ, ordering Gomez’s release under conditions pending a bond hearing.
What Judge DuBose did not know—because the DOJ lawyer did not disclose it—was that Gomez was the subject of a murder warrant in the Dominican Republic. ICE was aware of the warrant and had even published it in its own press release two weeks earlier. However, ICE instructed Assistant U.S. Attorney Kevin Bolan, who was handling the habeas case, not to disclose the warrant to the court. The justification provided was that Dominican authorities had not yet formally authorized its use.
This case exemplifies the broader tensions between immigration enforcement and judicial oversight, raising questions about transparency and accountability within ICE and the DOJ.