Criminal Justice Advocates Seek to End Deportation Flights Fueled by DOJ Data, New York Times, March 19, 2025.

The recent court ruling in favor of a Silicon Valley tech worker who was taken into custody by the Trump Administration has sparked a heated dispute between the Department of Justice and major airlines. The court ruling prevents the removal of individuals wearing immigration detainer requests by Immigration and Customs Enforcement (ICE). This has led to airlines cancelling 100 pending deportation flights since March 7.

In a letter to top federal agencies, including ICE and the Transportation Security Administration, the DOJ accused airlines of ignoring federal law that requires them to honor immigration detainer requests. The letter urged the agencies to hold the airlines accountable for non-compliance. However, some airlines argue that they are not properly reimbursed or compensated by ICE for these actions, leading them to reconsider their partnerships with ICE.

This tug-of-war over immigration frequently revolves around the use of commercial air travel to deport individuals. In 2018, airlines flew about 700,000 passengers on deportation flights, according to the administration’s figures. The airlines claim that the costs of these deportations are billing the government nuisance fees, toppings that can climb to $2,000 per flight.

The recent dispute has highlighted the intricate relationship between airlines and the immigration enforcement agencies. While ICE enters into formal contracts with private prison operators to administer federal detention beds, the process of arranging deportation flights on charter and commercial planes is generally done on a case-by-case basis. This lack of clear guidance has led to confusion for both airlines and immigration agencies.

Some lawmakers are advocating for clarification on this issue, arguing that inaction by airlines can allow individuals who pose a threat to remain in the United States for extended periods of time. However, the issue is politically charged, with Democrats accusing the Trump Administration of using immigration officials to harass and intimidate individuals living in the United States.

The recent court ruling and the airlines’ refusal to honor deportation requests will have significant implications for the immigration policy in the United States. While some Democrats are urging airlines to cancel all deportation flights until Congress passes immigration reform, Republicans are calling for the same airlines to be fined for ignoring federal law.

In conclusion, this court ruling has ignited a bitter war between the Department of Justice and major airlines as they dispute the handling of deportation flights. While airlines argue that ICE fails to pay sufficient transit fees, immigration officials claim that airlines refuse to honor federal detainer requests. The issue is politically charged, with Democrats calling for airlines to abandon deportation flights entirely until immigration reform is passed, while Republicans call for penalties for airlines that refuse to honor immigration detainer requests.

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