PHOENIX (AZFamily) — Nearly 47,000 habeas cases have been filed in federal courts across the country since January 2025, as the Trump administration has expanded who is subject to mandatory detention, according to data from ProPublica, an independent, nonprofit newsroom.
In Arizona, nearly 1,700 habeas petitions have been filed.
What is habeas corpus?
Juliana Manzanarez, an immigration attorney, said more of her clients are asking about habeas corpus.
In Latin, it means “you should have the body,” and requires a judge to have a detainee physically present to weigh the legality of their detention.
“Now more and more we’re seeing it in the immigration world, challenging prolonged detention, that they’ve been there for too long that they have an order of deportation, but they can’t actually be deported to their home country,” Manzanarez said.
Surge in filings
Data from ProPublica show more habeas cases filed in the first 13 months of the second Trump administration than in the past three administrations combined.
Manzanarez said people are desperate. The deportation process now routinely happens in less than two months. If a habeas petition is granted, it can slow down the process.
“This might be the only way you get out of detention,” Manzanarez said.
Mixed results
Manzanarez said results can be mixed.
“In Arizona it really is judge specific,” she said in response to a question about the outcome of these cases.
While anyone can apply, Manzanarez said, it is another legal proceeding, which is separate from deportation and costs more money.
“Let’s also look at what your defense in immigration court could be. Let’s look at what your possibilities at a bond hearing are,” she said.
Manzanarez said if you are in the U.S. on a visa, you get a bond hearing.
There is no information on the outcomes of the cases.
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