According to a recent analysis, there has been a staggering rise in habeas corpus petitions filed by immigrants battling their detention by U.S. Immigration and Customs Enforcement (ICE) during President Donald Trump’s second term. This surge has led to over 18,000 cases being filed, marking a significant increase compared to the past three presidential administrations.
The principle of habeas corpus allows individuals to contest unlawful detention, requiring the government to provide justification for holding them. This legal tool has become essential for many facing deportation proceedings.
Historically, detained immigrants could appeal for bond hearings before immigration judges to secure their release if they posed no flight risk or threat. However, recent changes have limited this path for many individuals.
A pivotal ruling by the Board of Immigration Appeals (BIA) in September, in collaboration with the Department of Homeland Security (DHS), now mandates detention during deportation cases, which can span months or even years.
Consequently, the number of habeas petitions has skyrocketed, averaging over 200 filings a day nationwide. States like California and Texas represent about 40 percent of these cases. For instance, Minnesota saw a jump from just twelve petitions in 2024 to over 700 recently, while the Western District of Texas noted more than 1,300 petitions in merely three months. Overall, court documents reveal that there have been over 24,000 petitions since January 2025, with a notable 35 percent increase in filings last month.
Federal judges have frequently ruled in favor of the petitioners, with more than 300 judges ordering releases or bond hearings in thousands of cases. Since October, over 4,400 rulings have deemed detentions unlawful.
Conflicting opinions from courts, particularly in the Ninth and Fifth Circuits, could potentially lead to a review by the Supreme Court. A notable example involved a California judge declaring the DHS policy illegal in December, although an appeal has put this decision on hold.
