Holding After ICE

A Crossroads for the Judiciary

The decisions by Judges Monica Isham and Hannah Dugan reflect more than personal convictions—they point to a deeper crisis within the American judicial system about how the courts navigate federal enforcement and constitutional protections.

As immigration enforcement increasingly intersects with local courtrooms, judges face mounting pressure to choose between strict adherence to federal demands and the broader principles of due process and judicial neutrality. Judge Isham’s decision to temporarily step back from the bench highlights the uncertainty many judges feel when forced to operate without clear guidelines or institutional backing.

With the added complexity of the Cano case in New Mexico, the spotlight now turns to how the judiciary, state legislatures, and federal authorities will address these tensions. Legal experts suggest that unless clearer boundaries and protections are established, more judges may find themselves caught in similar legal and ethical dilemmas.

In the meantime, the public—and the legal community—must grapple with a fundamental question: How do we ensure that justice is served without compromising the independence and safety of those entrusted to uphold it?

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