When I first started practicing in the Western District of Texas (San Antonio, Austin, El Paso), the courts were overwhelmed by the war on drugs. The war on drugs cranked up in the 1980s and continued through the 1990s. But, the explosion of cases due to immigrants seeking bail is even bigger. In July, 2025
The Trump administration Immigration and Customs Enforcement agency has detained over 400 immigrants illegally, according to statistics gathered by Reuters news agency. Hundreds of U.S. District Judges have found ICE’s actions in detaining immigrants without opportunity for bail to violate federal statute.
U.S. District Judge Thomas E. Johnston wrote in one such case that the
Judge Fred Biery has developed a reputation for humor and an insistence on courtroom courtesy. He once ordered a set of contrary lawyers to kiss on the lips in front of the Alamo with cameras present. He has ordered other mis-behaving lawyers to sit in timeout in the rotunda of the old Federal courthouse. I