Habeas Corpus Petitions Surge 10,000% Under Trump's Deportation Crackdown

Critics say the spike in migrants challenging their detention without due process is a damning rebuke to the administration's claims of targeting the 'worst of the worst'.

Published on Feb. 11, 2026

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The number of migrants filing habeas corpus petitions challenging their detention by Immigration and Customs Enforcement (ICE) has increased by nearly 10,000% in the first year of President Trump's second term, according to an analysis of federal court data. Lawyers say the vast majority of these detainees have no criminal background, contradicting the administration's claims that it is targeting violent criminals.

Why it matters

The surge in habeas corpus petitions highlights concerns that the Trump administration's deportation policies are violating the constitutional rights of migrants, even those who have lived in the U.S. for decades. Critics argue the administration is pursuing a 'mass deportation campaign' that is detaining people without due process.

The details

In January 2025, the monthly rate of habeas corpus applications for release from immigration detention stood at 66. By January 2026, that number had increased 9,932% to 6,621, according to an analysis by the Daily Beast. Lawyers say many of their clients are being detained for months without any criminal history. The administration has cited a policy of targeting violent criminals, but studies show about 75% of those arrested by ICE have no criminal background.

  • In January 2025, the monthly rate of habeas corpus applications stood at 66.
  • By January 2026, the monthly rate had increased 9,932% to 6,621.

The players

Kristi Noem

Homeland Security Secretary under the Trump administration.

Fatma Marouf

A professor at Texas A&M University School of Law who confirmed the data on habeas corpus petitions as 'reliable'.

Rekha Sharma-Crawford

A Missouri-based immigration lawyer who has pursued hundreds of habeas corpus petitions over the past 12 months.

Karen Weinstock

An immigration attorney who practices in Atlanta, Georgia.

Dan Kowalski

A retired Colorado immigration attorney.

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What they’re saying

“I have a client who's an Iranian refugee… in custody for 180 days. He suffered terrible physical and sexual abuse as a child. When you have someone like that, and you jail them under horrific conditions, and for no reason, it just rips back any layers of healing that might have occurred.”

— Rekha Sharma-Crawford, Immigration Lawyer

“That line-graph of habeas applications is a timeline of attacks on the constitutional rights of non-citizens. If the government does not care to protect the law and constitutional rights, then we've simply become a banana republic.”

— Karen Weinstock, Immigration Attorney

“The percentage spike is impressive, but the most meaningful metric is the win-loss record. So far, I think we are winning 95 percent of all cases, and judges are getting p--sed at the Justice Department for their bulls--t resistance.”

— Dan Kowalski, Retired Immigration Attorney (The Daily Beast)

What’s next

The Justice Department has 'aggressively' appealed rulings on habeas corpus petitions, aiming to get the issue before the Supreme Court. If the conservative majority rules that a blanket denial of bond hearings is permitted, habeas petitions in immigration cases would fail from that point on.

The takeaway

The surge in habeas corpus petitions filed by migrants challenging their detention without due process highlights the constitutional concerns over the Trump administration's aggressive deportation policies, which critics say are violating the rights of non-citizens, including many with no criminal history.