If you or a loved one is being held in ICE detention, you have rights and there are legal tools to fight back.
Being detained by immigration authorities is one of the most frightening experiences a person can face. Many people are held for weeks, months, or even longer without a meaningful review of whether their detention is even legal. Families are separated. Lives are put on hold. And too often, people in detention do not know that they have options.
A petition for a writ of habeas corpus is one of the most powerful tools available to challenge immigration detention. It is a constitutional right that allows a person held by the government to go before a federal judge and demand that the government justify why they are being held. In some cases, detention is unlawful from the start. In others, detention that may have been legally permitted at first becomes unlawful once it has gone on for too long without a proper hearing or review.
If someone is in ICE custody, a habeas corpus petition may be appropriate. The circumstances of every case are different, but the core question is always the same: does the government actually have the legal right to continue holding this person?
Cruz Torres Legal Services handles habeas corpus cases for individuals detained by ICE. If you or a loved one is in immigration detention, please reach out as soon as possible. Time matters in these cases. To help with the review, please have the person’s full name, A-Number, and the name and location of the detention facility available when you contact us.