NEW: Thousands Of Illegals Escaping ICE Facilities Via Habeas Corpus Loophole

A new analysis from the Daily Wire revealed that in the first 14 months of President Donald Trump’s second term, federal courts have seen an unprecedented increase in habeas corpus petitions filed by immigrants challenging their detention by U.S. Immigration and Customs Enforcement (ICE). These legal challenges, which seek to contest the legality of prolonged detention without bond hearings, have exceeded 18,000 cases, surpassing the combined total from the previous three presidential administrations.

Habeas corpus, a legal principle dating back to the Magna Carta and enshrined in the U.S. Constitution, allows individuals to challenge unlawful detention by requiring the government to justify holding them in custody. In the immigration context, it has become a critical tool for those held during deportation proceedings.

Historically, many detained immigrants could request bond hearings before immigration judges, where they might be released if deemed not a flight risk or danger to the community. However, recent administrative changes have restricted this option for a broader category of individuals.

In September, the Board of Immigration Appeals (BIA) issued a decision aligning with the Department of Homeland Security (DHS), which mandates detention throughout deportation cases, which can last months or years.

As a result, habeas petitions have surged. Filings average more than 200 per day across the country, with California and Texas accounting for about 40 percent of cases. Minnesota saw petitions rise from a dozen in 2024 to over 700 in recent months, while the Western District of Texas recorded more than 1,300 in the last three months alone. Overall, court records indicate over 24,000 petitions since January 2025, with a 35 percent uptick in the past month.

Federal judges have largely ruled against the government in these cases. More than 300 judges have ordered releases or bond hearings in thousands of instances, with over 4,400 rulings since October deeming detentions unlawful.

Courts in circuits like the Ninth and Fifth have issued conflicting opinions, potentially setting the stage for Supreme Court review. For example, a California judge ruled the DHS policy illegal in December, though an appeal stayed the decision.

RELATED: DHS Tightens Visa Restrictions, Rolls Out New Border Screening Technology