Habeas Corpus Petitions: A Brief Explanation

This year, CRIS attorneys have filed four habeas corpus petitions for detained clients. Here is what that means and why it is particularly important for hundreds of our neighbors right now.

When ICE detains someone, the clock starts immediately. Under the law, a detained person is entitled to a bond hearing before a judge to determine whether they can be released to their family while their immigration case works its way through the courts. That hearing is not automatic. A legal filing must be done to formally request it.

The legal tool we have had to resort to in order to demand that bond hearing is provided is called a habeas corpus petition — a filing in federal court that challenges the lawfulness of a person's detention and demands they be brought before a judge.

It is one of the oldest and most powerful protections in the American legal system, and it has to move fast. If it is not filed immediately after an individual is picked up by ICE, that person is at serious risk of being transferred to a detention facility in another state — somewhere they may not be able to access a hearing at all, and where they can be held in a jail cell indefinitely while their family waits and wonders.

This scenario has played out and continues to play out for many individuals in Ohio right now. Thousands of Haitians and Syrians in our community and across the country face detention and deportation as a result of the recent Supreme Court decision greenlighting the Trump administration to terminate their Temporary Protected Status. 

ICE has signaled that stronger enforcement is coming to Central Ohio, with the Haitian community squarely in its sights. CRIS represents 903 TPS holders across our caseload, 450 of them Haitian. Our legal team anticipates the need to file more habeas petitions to advocate for the safety and security of those we serve. 

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Read Ahmad’s story of ICE detention and support from legal services.