Immigration Advocates Turn to Habeas Corpus Amid ICE Arrests at Courthouses

The Trump administration has started the unprecedented practice of arresting individuals after they appear for scheduled immigration hearings. They are legally required to attend these hearings. This is creating widespread fear among those seeking asylum through lawful channels.

In response, advocates for immigrant rights and legal teams supporting immigrants are increasingly turning to the legal remedy of habeas corpus to challenge what they view as arbitrary and unlawful detentions. This constitutional tool, which means “you have the body” in Latin, protects individuals from being imprisoned without just cause. 

Many of those being detained are asylum-seekers who are following the legal procedures outlined in the 1980 Refugee Act. It was passed by Congress to protect immigrants fleeing persecution in their home countries.

The U.S. Constitution guarantees due process to all individuals on American soil, regardless of immigration status, including protection from arbitrary detention.

Contact A Deportation Defense Lawyer For Legal Guidance

The new administration’s crackdown on immigration has highlighted the urgent need for proactive legal consultation. Regardless of status, we highly recommend partnering with an immigration attorney to discuss legal pathways available to you and to create an emergency plan to proactively prepare for any new changes in legislation.

Our team of deportation defense lawyers are doing everything in our power to protect the immigrant community in California and beyond. Fill out our contact form today to connect with a leading immigration law firm today.

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