Orlando federal judge rebukes Attorney General Pam Bondi rhetoric as court orders releases of ICE detainees

Judge questions impact of public attacks on courts during immigration detention hearings
A federal judge in Orlando publicly pushed back this week against Attorney General Pam Bondi’s characterization of “activist judges,” after the remark surfaced during a hearing involving immigration detainees held at the Orange County Jail.
During a Feb. 9 hearing, U.S. District Judge Gregory Presnell addressed the language after it was raised in court by defense attorney Phillip Arroyo. Presnell said he was troubled by the implication that federal judges who issue rulings adverse to the executive branch are acting improperly, and he indicated the remark appeared to target judges like him.
Three detainees ordered released, with a temporary protection from re-arrest
In the same proceeding, Presnell ordered the release of three immigrant detainees he found were being unlawfully held at the Orange County Jail. In two of the three cases, the U.S. Attorney’s Office did not object to release on the detainees’ own recognizance.
Presnell ordered that the three men not be arrested for at least 14 days. He also directed that if any of them are re-arrested after that period, they must be given a bond hearing before an immigration court.
Arroyo, who represents the detainees, has argued in multiple filings that sending detainees into immigration-court bond proceedings can amount to an ineffective remedy when people are held for extended periods under administrative holds. One of the detainees, Reynel Bautista, was the subject of an emergency motion challenging the short notice for an immigration-court bond hearing; the hearing was continued to a later date.
Local detention practices draw scrutiny as federal policy shifts
The Orlando cases have unfolded amid mounting attention on how immigration detainers are handled locally. Orange County leaders have warned that the jail has faced operational strain from a rapid increase in detainees held for immigration purposes, including people with ICE holds but no local criminal charges. County officials have also pointed to a practice in which detainees are moved out and then rebooked, effectively restarting a 72-hour booking period.
Recent figures provided by jail officials show a sharp decline in the number of people held with ICE holds and no local charges: 134 as of the morning of Feb. 3, dropping to 32 by the morning of Feb. 9.
A national legal backdrop: bond eligibility and court authority
The clash also comes as federal appellate litigation continues to reshape detention and bond rules. A recent decision by the U.S. Court of Appeals for the 5th Circuit upheld a federal policy allowing detention without bond for certain immigrants deemed “unadmitted,” a ruling Bondi celebrated publicly. While that appellate ruling does not govern Florida, it has been cited in arguments about the direction of federal enforcement and the courts’ role in reviewing detention decisions.
- Date of Orlando hearing and releases: Feb. 9, 2026
- Orange County Jail ICE-hold/no-local-charge count: 134 (Feb. 3, 2026) to 32 (Feb. 9, 2026)
- Key legal tension: executive-branch detention policy versus judicial oversight and bond procedures
The episode highlights an increasingly direct public conflict between senior Justice Department leadership and federal judges, at a moment when local detention capacity, detainee due-process claims, and immigration-court timelines are all under intensified scrutiny.