A recent surge in habeas corpus petitions has emerged as immigration detainees lose the right to bond hearings following policy changes under the Trump administration. In Idaho, a large-scale ICE raid in Wilder detained over 100 people, many with deep community ties and no criminal records, sparking legal challenges over due process. Previously, detainees could request bond hearings, but a 2024 Board of Immigration Appeals decision eliminated that right for many, forcing attorneys to seek release through federal habeas petitions. This legal tool challenges the lawfulness of detention and has become a critical avenue for detainees to gain freedom while their deportation cases proceed.
The shift has overwhelmed courts with habeas petitions, with nearly 19,000 pending nationwide and a sharp increase in Idaho filings since 2025. A recent federal judge ruling in California vacated the decision removing bond hearings, ordering ICE to restore detainees’ rights, though the Trump administration plans to appeal. Advocates argue that due process is fundamental to constitutional protections, while DHS defends the policy as necessary to enforce immigration laws and end “catch and release.” The legal battle highlights ongoing tensions between the executive branch’s immigration enforcement priorities and judicial oversight, with potential escalation to the Supreme Court expected.
