What is Habeas Corpus and who can request it?

In recent months we have heard this term a lot in news related to immigration detentions. Here we explain, in general terms, what habeas corpus is and why it has become such a frequently mentioned tool.

What is habeas corpus?

It is a legal tool that allows an independent judge to review whether a detention is lawful or not. It applies to any detention by the United States government, whether in immigration or criminal proceedings, and, in general terms, it does not depend on the citizenship of the detained person: even someone who is undocumented can file a petition.

Who can request it?

In general, it can be filed by:

• The detained person themselves, even without legal representation.
• A "next friend", for example a relative, spouse or partner, on their behalf.
• An attorney, representing the detained person.

What can it achieve?

A habeas corpus petition can result in a judge reviewing whether the detention complies with the law and, in some cases, in the person's release while their immigration case continues separately. It is important to be clear about one thing: filing the petition does not guarantee release; it depends entirely on the facts of each case.

The current context

This topic has become very relevant recently: tens of thousands of habeas corpus petitions have been reported filed in federal courts across the country since 2025, and some judges have referred to hundreds of cases in which this type of petition has been granted. It is a tool that, in practice, is being used more and more.

This is not legal advice

If you or someone you know is detained and you believe this may be an option, time matters, and the details of each case completely change what can or cannot be done. This information is general and is not a substitute for speaking directly with an attorney about the specific situation.

If you need guidance, contact us as soon as possible.

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