Habeas Corpus Petitions Surge in Arizona, Freeing Detained Immigrants

Legal tactic challenges prolonged ICE detentions, as advocates say the government is intentionally expanding detention capacity to deter immigration.

Apr. 9, 2026 at 8:19pm

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A photorealistic painting of a nondescript, low-slung immigration detention center shrouded in warm, golden light and long shadows, conveying a sense of solitude and melancholy.As the government expands its immigration detention capacity, the courts have become the last resort for many detainees seeking release.Phoenix Today

In Arizona, the number of habeas corpus petitions filed on behalf of detained immigrants has skyrocketed over the past year, from just 2 in March 2025 to nearly 350 last month. This legal tactic is compelling judges to order the release of detainees or grant them bond hearings, as the government struggles to effectuate deportations within the required 180-day window. Attorneys say the surge in petitions is a last resort due to the Trump administration's policies of expanding detention capacity and denying bail to anyone who entered the country without authorization.

Why it matters

The surge in habeas corpus petitions highlights the growing tension between the government's aggressive immigration enforcement tactics and the constitutional rights of detainees. As the detained population has ballooned, advocates say the government is intentionally making conditions in detention centers uncomfortable to deter future immigration, leading to prolonged detentions that violate due process. The high success rate of these petitions so far has provided a legal avenue for freeing detainees, but also raises questions about the immigration court system's ability to handle the caseload.

The details

Habeas corpus petitions require the government to justify the legality of a person's detention. In Arizona, attorneys have filed these petitions on behalf of detainees in two main scenarios: those with final removal orders, whose detention is considered 'unreasonable' after 180 days, and those with withholding of removal orders, who cannot be deported unless conditions in their home country have significantly changed. Federal judges have ruled in favor of detainees in roughly 97% of decided habeas cases in 2025, leading to a surge in filings that has overwhelmed the courts. While some detainees are quickly released or granted bond hearings, immigration judges often still deny bond, sending attorneys back to file additional petitions.

  • In March 2025, only 2 habeas corpus petitions were filed in the U.S. District Court for the District of Arizona.
  • Last month, nearly 350 habeas petitions were filed in the same court.
  • So far in 2026, more than 900 habeas petitions have been filed in the first three months.

The players

Kelly Yu

An undocumented immigrant from China who was detained by ICE for 8.5 months before being released earlier this year after her attorney filed a habeas corpus petition.

Bianca Villalpando

An attorney who has filed 15-20 habeas petitions on behalf of detained clients, with only one being denied so far.

Brian Green

A Denver-based immigration attorney who has filed habeas petitions in Arizona, noting that the government is intentionally expanding detention capacity to 'make people in the U.S. who are detained uncomfortable and to disincentivize people coming to the United States.'

Philip Rody

The managing attorney for the Florence Immigrant & Refugee Rights Project, which provides free legal services to Arizona immigrants in detention and helps them file habeas petitions.

Jose Suarez Chavez

A Nicaraguan immigrant who was granted a withholding of removal order but was still deported to Mexico, where he was kidnapped and trafficked, before returning to the U.S. and filing a habeas petition that is still pending.

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What they’re saying

“This is never something we've ever had to do. This was a big learning curve for a lot of attorneys, because it really came down to like, this was the last resort.”

— Bianca Villalpando, Attorney

“There's definitely a policy move toward increasing the number of people in detention. Increasing the detention space around the country and to make people in the U.S. who are detained uncomfortable and to disincentivize people coming to the United States.”

— Brian Green, Immigration Attorney

“They're trying to keep people detained so they can give up. Who wants to be in jail? Especially if you haven't necessarily committed a crime.”

— Bianca Villalpando, Attorney

What’s next

The judge in Jose Suarez Chavez's case will decide on his pending habeas corpus petition in the coming weeks.

The takeaway

The surge in habeas corpus petitions in Arizona highlights the growing tension between the government's aggressive immigration enforcement tactics and the constitutional rights of detainees. While the high success rate of these petitions has provided a legal avenue for freeing some detainees, it also raises questions about the immigration court system's ability to handle the caseload and the government's motivations in expanding detention capacity to deter future immigration.