Why Habeas Corpus Matters More Than Ever

by arya germanwala, intern

The Purpose of Habeas Corpus

In recent weeks, the Trump administration has sought to challenge a key safeguard in our democratic society: habeas corpus. For centuries, this legal procedure has served as an essential protection for individuals residing in the United States. A centuries-old Latin phrase translating to "you shall have the body", habeas corpus is a constitutional right that demands a person who is detained has the right to challenge that detention in court before a judge. This constitutional protection ensures that individuals are not held in prison for an indefinite period without legitimate legal charges.

Habeas Corpus rose to prominence in the 17th century when a dispute arose between the Parliament and the British Monarch Charles I. The King's Privy Council was ordered to imprison wealthy citizens for refusing to provide loans to fund the King's army. In 1627, these five imprisoned individuals applied for a writ of habeas corpus but were denied as the court ruled that the King's power justified their detainment.

This incident highlighted the importance of protecting individual rights against arbitrary imprisonment, ultimately leading to the passage of the Habeas Corpus Act in 1679. A pivotal tool for prohibiting lawless government action, this British landmark law would later influence the U.S. constitutional protections of habeas corpus that are evident today.

Habeas Corpus in U.S. Immigration Law

In the immigration context, habeas corpus is often utilized as the last resort for detained individuals after the ordinary appeal process has been exhausted. If someone believes they have been unlawfully detained or held for an unduly long period by immigration authorities, they may file a habeas petition, requesting a federal judge to review whether Immigration and Customs Enforcement (ICE) can continue to detain them. The judge first decides if the detainee has met the initial burden of showing they may be held unlawfully. If so, the government must respond with evidence to justify the detention, and the detainee has the opportunity to respond. After reviewing both sides, the judge decides whether or not to release the individual. If successful, a habeas corpus petition can result in the release from detention or the opportunity for a bond hearing.

Habeas corpus applies to all individuals residing in the U.S., regardless of their immigration status. Because the immigration system is designed to be incredibly complex and does not guarantee access to legal counsel, habeas corpus remains one of the few tools immigrants have to challenge unjust law enforcement, particularly in the current political climate.

Current Threats to Habeas Corpus

In recent months, the Trump administration has actively pursued ways to bolster its mass deportation agenda and sidestep legal protections. In March 2025, Trump invoked the 1798 Aliens and Enemies Act— an obscure law that allows for the rapid removal of noncitizens originating from so-called "enemy nations" in times of war. This directive justified the deportation of over 200 Venezuelans on the premise that a Venezuelan criminal gang was invading the United States. Even though a federal judge temporarily blocked the administration’s ability to utilize the Alien and Enemies Act, the Venezuelans were still deported to El Salvador and placed in the Terrorism Confinement Center (or CECOT), a prison notorious for its inhumane conditions. Alarmingly, further investigation revealed that the majority of individuals deported were not labeled as having criminal records or pending charges, highlighting the necessity of habeas corpus when government power goes unchecked.

While the President is actively considering suspending habeas corpus, scholars largely agree that Congress holds that power—and even then, only in extremely rare instances. Article I, Section 9 of the U.S. Constitution outlines habeas corpus as a "privilege that shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." Today, the administration is framing U.S. immigration as a dangerous "invasion", painting a picture that Americans’ safety is being compromised to an extent that habeas corpus must be suspended. However, if this were truly about safety, why is the Trump administration targeting U.S. citizens, long-term residents, and hard-working individuals with no criminal backgrounds? It's clear that the president's current immigration stance is not a security measure but rather an intentional political strategy.

Habeas Corpus serves as a critical line of defense for immigrants across our nation. The breach of habeas corpus not only tears immigrant families apart, but also erodes public safety and trust in governmental institutions. When immigrants are afraid of interacting with law officials due to the fear of arrest, serious crimes often go unreported, exacerbating instability in their communities. Targeting specific groups who meaningfully contribute to our society and inciting fear in underrepresented communities is an unjustifiable method of immigration law enforcement that has devastating consequences. For a country that prides itself on freedom and justice, these recent events send a troubling message to the world about our nation's priorities.

Protecting habeas corpus is not just a legal matter – it is a human right that all individuals deserve.