Texas becomes epicenter of legal fight against stricter migrant detention rules

Texas becomes epicenter of legal fight against stricter migrant detention rules

Christina Sanchez
Christina Sanchez
2 Min.
A line graph showing the number of individuals granted asylum in the United States from 1990 to 2016, with accompanying text providing additional data context.

Texas becomes epicenter of legal fight against stricter migrant detention rules

A surge in legal challenges has followed the Trump administration's stricter immigration detention policies. Since January, attorneys have filed over 675 habeas corpus petitions in Texas alone, targeting the expanded mandatory detention rules. The pushback comes as ICE holds more than 65,100 people nationwide, with Texas facilities accounting for over a quarter of detainees.

The federal government intensified enforcement in July by broadening mandatory detention under the Laken Riley Act. Signed into law this year, the act mandates detention for undocumented migrants accused of even minor offences. ICE also reinterpreted federal law, scrapping bond hearings for many long-term residents.

Attorneys are now using habeas corpus petitions to fight these measures. Over 200 judges have ruled in favour of migrants, while only eight have denied such petitions. However, winning a petition does not always secure immediate release—many still face immigration court bond hearings.

The legal battle expanded further when a California federal judge certified a nationwide class of detainees affected by the policy. This ruling widened the scope of challenges, though no state has filed nationwide habeas corpus petitions since 2019. Instead, advocacy groups like the ACLU and individual lawyers have led the efforts, mirroring past fights against policies such as family separations.

The wave of habeas corpus petitions reflects growing resistance to the administration's detention push. With Texas playing a central role in both enforcement and legal challenges, the outcomes of these cases could shape immigration detention practices across the US. For now, thousands remain detained as courts weigh their claims.

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