WASHINGTON, DC — The Trump administration’s aggressive push for mass deportations has triggered an unprecedented surge of legal challenges from immigrants alleging they are being unlawfully detained, overwhelming federal courts across the country.
According to a ProPublica analysis of federal court records, more than 18,000 habeas corpus petitions have been filed this year alone — exceeding the combined total from the past three presidential administrations, including President Donald Trump’s first term. Immigrants are now filing an average of more than 200 habeas petitions per day, with California and Texas accounting for roughly 40 percent of new cases.
Legal experts say the spike is directly tied to new administration policies requiring most immigrants who entered the U.S. unlawfully to remain in detention while their cases proceed. Attorneys argue the approach overturns decades of precedent that allowed many long-term residents with no flight or security risk to seek release while awaiting hearings.
Federal judges have largely sided with detainees. A Politico review found more than 300 judges have ruled against the administration’s mandatory detention policies, compared with just 14 rulings in the government’s favor. Judges frequently order bond hearings or release from detention, intensifying tensions between the courts and the Department of Justice.
The growing caseload has strained both government attorneys and immigrant advocates. In Minnesota, habeas filings jumped from just 12 cases in 2024 to more than 700 in the past two months. Nationwide, detention numbers have climbed from about 40,000 at the start of Trump’s term to more than 70,000 this year, as courts, agencies, and communities grapple with the legal and human consequences of the crackdown.
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