As immigration arrests rise in the United States, attorneys are increasingly utilizing habeas corpus petitions to challenge unlawful immigration detention. This legal mechanism, which allows U.S. citizens and non-citizens to contest the legality of their detention in court, has become a crucial tool for many seeking release from detention centers.
According to experts, the need for habeas corpus petitions has surged following the implementation of stricter immigration policies. Laura Quintero, an immigration attorney based in Orange County, Florida, noted that what was once a rare procedural remedy has transformed into an essential defense against prolonged detention. She emphasized that lawyers are now relying on habeas corpus to hold authorities accountable for their actions.
Before the introduction of zero-tolerance policies and the crackdown on mass deportations, many individuals could secure their release through bond hearings. However, this changed under the previous administration, which favored mandatory detention practices. Data from ProPublica reveals that during the first 13 months of the Trump administration, the number of habeas petitions filed nationwide exceeded the total number filed since 2009, surpassing 18,000 challenges. In Florida alone, there have been 912 habeas corpus cases filed in federal court since January 2023.
The implications of habeas corpus petitions extend beyond individual cases. They have played a significant role in halting deportations, particularly of Venezuelans, under the Alien Enemies Act. For instance, a federal judge recently ordered the return of some Venezuelans to challenge their deportations. These cases have garnered national attention, including those involving Mahmoud Khalil, a former Columbia University graduate student, and Rumeysa Ozturk, a student at Tufts University.
The financial burden of filing habeas corpus petitions can be steep, with costs generally ranging from $6,000 to $8,000 in federal court. In Florida, some cases may exceed $10,000, depending on the complexity involved, according to immigration lawyer Luis Angeles. The rising volume of these petitions is contributing to significant challenges for courts across the country, as they manage an increasing caseload.
Department of Homeland Security spokesperson Tricia McLaughlin asserted that the Trump administration is prepared to handle the legal demands necessary to fulfill its deportation agenda. She stated, “No lawbreakers in the history of human civilization have been treated better than illegal aliens in the United States.” McLaughlin also noted that the rise in habeas petitions is unsurprising given the efforts of some judges to impede the administration’s mass deportation policies.
Data from Syracuse University indicates that nearly 71,000 immigrants were held in detention centers in the last week of January 2023. As immigration policy continues to evolve and enforcement practices intensify, the importance of habeas corpus as a legal tool remains significant.
Recently, this approach helped secure the release of Johnny Rondon-Rodriguez and his wife, Fadya Contreras de Rondon, from Immigration and Customs Enforcement (ICE) custody. The couple, who complied with all legal requirements and had no criminal records, expressed confusion over their arrest. Rondon-Rodriguez remarked, “Hope exists when you feel the law is respected,” adding that irregularities make it difficult to maintain faith in the system.
Their attorneys, including Quintero, are actively fighting their case in court after the couple was detained while traveling from Orlando to Ocala on January 9, 2023. Quintero concluded, “In the end, habeas corpus is not simply a legal filing. It is a reaffirmation that due process still matters.” As the landscape of immigration enforcement continues to shift, the use of habeas corpus petitions may become even more critical for individuals facing detention.
