Immigrants in the United States are often uncertain about their rights. They may assume that key protections, such as important rules established in the Bill of Rights, only apply to citizens and lawful permanent residents who have green cards.
Those facing immigration enforcement actions could end up detained in federal facilities for weeks or months while waiting for a formal hearing in the immigration courts. The current backlog of pending cases leaves people facing an indefinite timeline after local law enforcement professionals or federal employees from Immigration and Customs Enforcement (ICE) take them into custody.
People currently in federal custody or family members of those taken into custody may need assistance submitting a writ of habeas corpus to challenge indefinite detention.
Immigrants can challenge unlawful detention
Contrary to what many people believe, constitutional rights protect everyone physically present in the United States, regardless of their immigration status or compliance with the law. For those facing immigration controversies, the possibility of detention in a federal facility can be frightening.
One of the key rights that the Constitution establishes is habeas corpus, which is the right to ask a judge to review one’s imprisonment. A writ of habeas corpus can lead to a hearing that may help an immigrant avoid or end unlawful detention.
Especially in scenarios where people detained or facing removal from the United States have already initiated reasonable and lawful attempts to adjust their status, obtain a visa or secure protected status, possibly through asylum petitions, their detention in a federal immigration facility may be a violation of their rights.
When an immigration attorney submits a writ of habeas corpus to the courts, a judge reviews the individual’s situation and determines if their detention is legal. With proper legal support, immigrants may be able to regain their freedom while they continue to pursue lawful immigration opportunities.
Immigrants taken into federal custody or arrested by local authorities and at risk of a transfer of custody may worry about the impact of indefinite detention on their health, families and immigration status. Challenging the legality of the detention is one way for immigrants to assert their legal rights. The help of an immigration attorney familiar with federal litigation can be invaluable for those facing long-term detention.