WASHINGTON, D.C. — Immigration-related habeas corpus filings have surged to unprecedented levels under President Donald Trump, with more than 93,000 cases filed in federal court since January 2025 as detainees challenge the legality of their detention.
According to a ProPublica tracker, 93,245 immigration-related habeas cases were filed through Nov. 3, including nearly 8,000 in October alone. That compares with only hundreds of such cases in a typical year before the current enforcement surge.
A habeas petition allows a detainee to ask a federal judge to review whether the government has legal authority to continue holding them. The petitions do not decide whether someone may ultimately be deported; they challenge the detention itself or seek a bond hearing.
The increase follows the Trump administration’s decision to broaden mandatory detention for noncitizens arrested inside the United States, including people without criminal records. That interpretation has produced conflicting appellate rulings, with nine courts ruling against the administration and two siding with it.
The Supreme Court has agreed to hear a case involving a Brazilian national detained by ICE despite having no criminal record, potentially giving the justices an opportunity to clarify the government’s detention powers.
The surge is also creating additional pressure on federal courts already dealing with record immigration caseloads.
Supporters of the administration argue broad detention authority is necessary to ensure people appear for removal proceedings. Immigration attorneys counter that detention without individualized review can violate constitutional protections.
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