April 1, 2026
Fighting immigration detention in 2026 takes patience but it is not impossible. The government keeps changing the rules and how it enforces them. Bonds are sometimes not even entertained if you did not enter on a visa. Habeas petitions are many times the only way to get someone out of immigration custody.
We have recently had much success liberating people from Alligator Alcatraz and other detention centers through filing a habeas petition in federal court.
You may be eligible to file a habeas petition if:
- You have a legitimate right to be in the United States. You are a Legal Permanent Resident, a citizen, a valid DACA (Deferred Action for Childhood Arrivals) recipient or current TPS (Temporary Protected Status) and ICE should not have detained you in the first place.
- You have been in the United States for more than two years and were arrested within the United States and not at the border when you arrived. ICE is changing the way they are interpreting the INA and the immigration rules. They are attempting to deny a bond hearing to people in this category, however, many federal judges are ordering the immigration courts to conduct these bond hearings.
- You are subject to mandatory detention, but your detention has become prolonged, meaning that it has gone on for so long that it violates your constitutional rights. Usually detention becomes prolonged if you have been detained for a period of six months or more but some courts have found that 90 days is enough to be considered prolonged detention.
Every case is different and not all those in these categories will be released from detention. We have seen first-hand that release from immigration detention is possible. If you or a loved one is in immigration custody, contact us for a free consultation to see if we can help.