A New Jersey federal judge sharply rebuked the Trump administration for the second time in two days, raising serious concerns about the credibility of the government’s representations in a case involving an Indian immigrant.
In a five-page order issued Friday, U.S. District Judge Christine P. O’Hearn directed the government to explain why sanctions should not be imposed for failing to comply with prior court orders.
“This matter comes before the Court pursuant to its prior Order issuing a writ of habeas corpus and ordering Petitioner’s immediate release,” O’Hearn wrote. She emphasized that the case had returned to the court due to “substantial concerns” over what she described as repeated failures by the government to follow lawful federal court directives.
The petitioner, Jagpreet Singh, had secured habeas corpus relief after the court determined his detention was “blatantly unlawful from the start,” according to a prior ruling.
Court records indicate Singh entered the United States through California in January 2024 and was initially detained by Border Patrol. Although he has a pending asylum application, he was later arrested by Immigration and Customs Enforcement on Valentine’s Day while driving home from work in New York.
Following his arrest, Singh was held at Delaney Hall Detention Facility in Newark, New Jersey, where the judge noted he lacked access to legal counsel and was unable to make phone calls.
After Singh’s attorneys filed a habeas petition on Tuesday, the court issued a text order requiring ICE to keep him in New Jersey. However, the government later acknowledged that Singh had been transferred to a facility in New York — an action O’Hearn described as “apparent clear defiance” of the court’s no-transfer directive.
The judge also criticized the U.S. Department of Justice, stating that government counsel failed to notify the court promptly after learning of the transfer.
The situation became more complicated when the U.S. Attorney’s Office subsequently informed the court that ICE had revised its account, asserting Singh had never been transferred and had remained at Delaney Hall the entire time.
O’Hearn reacted with skepticism, stating that the government’s shifting explanations had undermined the traditional presumption of reliability afforded to federal authorities.
“The presumption of regularity and integrity previously and routinely afforded to the Executive branch and the United States Attorney’s Office has been undeniably eroded,” the judge wrote. She added that the court would no longer accept factual statements unless made under oath by someone with direct knowledge.
The judge referenced another recent case in which the federal government admitted violating similar court orders dozens of times. She suggested the reported figures may be incomplete, further fueling doubts about the government’s accuracy.
As a result, O’Hearn ordered the government to submit sworn affidavits addressing Singh’s detention history, the basis for its earlier claim that a transfer occurred, and the justification for its later reversal. Supporting documentation must also be provided.
The government must respond by Feb. 23, when the court will consider whether sanctions are warranted.
