At a time when ICE has sought to move immigrant detainees to states away from their loved ones and legal representation, immigrants are turning to a legal tool – habeas corpus petitions – to seek release and, at times, to avoid transfer to states outside of New York.
The petitions have become a new strategy for immigrants to challenge their detentions by U.S. Immigration and Customs Enforcement (ICE). In New York City, many residents, including an Ecuadorian high school student and a grandmother from Guinea, have filed these petitions in federal court to obtain their release, and federal judges have cited an increase in habeas petitions related to immigration detentions.
Here is what you need to know about habeas corpus petitions, who can file them and how they have been used in cases of immigration detention.
What are habeas corpus petitions?
Habeas corpus, which means “produce the body” in Latin, is a legal strategy for people to challenge if a detention is legal or not. In essence, it allows any detained person to have an impartial judge look over their case.
“It doesn’t matter if it’s for immigration, it doesn’t matter if it’s criminal. If you are detained by the U.S. government, federal, local or state, you can file a petition asking for an independent judge to review whether a detention was constitutional or illegal,” said Jack Hsia, senior attorney at the Chinese-American Planning Council (CPC).
People do not have to be a citizen to file, she added. “You can be undocumented. You could be a tourist,” Hsia said. “If you are a human being and the U.S. government has put you in detention against your will, you are able to file this petition.”
Hsia said one situation that could lead to a habeas petition is when someone who has attended ICE check-ins for years is suddenly detained without explanation.
How have habeas petitions been used in relation to immigration court?
More than 26,000 habeas corpus petitions have been filed in federal courts across the United States since President Donald Trump took office in January 2025. In at least two cases in New York City, a habeas petition was filed on behalf of an immigrant in ICE detention.
Aissatou Diallo, from Guinea, who was arrested at LaGuardia Airport in Queens during a planned flight to Texas to visit her son, was granted release after her attorney filed a habeas corpus petition. The presiding judge said the detainment was not only illegal but also inhumane. Similarly, attorneys for Joel Camas — a 16-year-old student in the Bronx — filed a petition challenging his continued detention by ICE, and was released.
A federal judge in California cited at least 75 corpus petitions related to immigration detention in an order in February of this year, and wrote that the court had “identified over 400 cases nationwide following this Court’s Final Judgment in which district courts have granted habeas petitions filed by Bond Eligible Class members.”
Where can I file a habeas petition?
It depends on where the person is detained. Habeas corpus petitions challenging immigration detention are generally filed in the federal district court that has jurisdiction over the place of detention. If someone is detained at 26 Federal Plaza, for example, the petition would be filed in the Southern District of New York (SDNY). If someone is at Delaney Hall, in N.J., then the jurisdiction would fall under the District Court of New Jersey.
To find out which District Court to send the petition:
- Use the ICE Online Detainee Locator System to search the address of the detention center where the person is detained. You will need their Alien Registration Number, also known as A-number, and name and date of birth. (Read our guide on how to use it)
- Once you find the address where the detainee is located, search the district court by plugging in the address in the “Court Locator Tool.”
Hsia noted that filing habeas petitions can be different from state to state and from court to court. Some courts may also have specific guides on how to file petitions. SDNY has guidelines explaining who can file a petition.
Hsia said that while detained individuals can file habeas petitions, it does not mean that they will be released.
Can habeas petitions be filed without an attorney?
Yes. When someone files a petition on their own, it is called “pro se,” meaning “for oneself” in Latin. A family member, spouse or partner can also file on behalf of someone detained. This is usually known as “next friend.”
Hsia explained that certain district courts have simplified the process of filing self-petitions, like the SDNY. “You don’t even need to go to the courthouse. You can file it via email. … This is all publicly available.”
Each district court has their own procedures.
The SDNY court asks individuals for a written or typed petition in English that includes a fact section describing “what led to the petitioner’s detention and why the filer believes the detention is unlawful.” The petition must include the contact information of the petitioner or “next friend,” including address, telephone number and email address. A signature of the petitioner or of the “next friend” must also be included. The document does not need to be notarized.
The filer must also include “Section 2241 Petition and Request for Emergency Relief” in the first page of the document submitted. There is a $5 fee for a habeas petition that is not due at the time of submission, but that must be paid within 30 days. If the petitioner cannot afford the $5 filing fee, the petitioner or a “next friend” may request to proceed without paying by submitting an Application to Proceed Without Prepaying Fees or Costs (IFP Application). If paying the fee, the email subject line should include “Fee Paid.”
The petition can be sent via email: ProSe@nysd.uscourts.gov with the subject line: Pro Se Filing – Immigration Case – Emergency
See more information about pro se petitions at the SDNY and how to make payments here.
What happens with your immigration case after you are released?
The habeas petition process is separate from immigration court proceedings. While both operate at the federal level, immigration courts are administrative courts within the Department of Justice, whereas federal district courts are part of the federal judicial branch.
If a habeas petition is granted, the person may be released from detention, but their immigration case in immigration court will continue.
“We’ve been recommending that people have a safety plan ahead of time, having their documents ahead in advance, their immigration documents, identity documents, medical in case of emergencies,” Hsia said. “Being at least a little prepared, whether that’s emotionally or even filing or looking at the documents in advance.”
