Habeas Corpus Triumphs: Freeing Families from ICE Overreach in One Month

In the face of intensified immigration enforcement across California and the nation, something remarkable is happening in our federal courts. Immigrants and their advocates are fighting back and winning.

Since the escalation of immigration enforcement beginning in early 2025, we have witnessed a surge in ICE operations targeting courthouses, homes, workplaces, and even schools . On some days, more than 200 people have been arrested in Southern California alone, overwhelming detention centers and funneling vulnerable individuals into overcrowded facilities . These tactics are designed to destabilize entire communities and intimidate immigrants into silence.

But here is the truth they don’t want you to know: Detention by ICE is not the end of the road. It is the beginning of a legal battle and you have powerful weapons at your disposal.

The writ of habeas corpus—our centuries-old protection against unlawful government detention—is alive and well in California’s federal courts. In just the past several months, we have seen extraordinary victories that demonstrate the power of legal resistance. This post will share those victories, explain your rights, and provide concrete steps for fighting unlawful ICE detention.

What is Habeas Corpus and Why Does It Matter for Immigrants?

Before diving into recent victories, let’s understand the tool being used to win them.

A petition for writ of habeas corpus (28 U.S.C. § 2241) is a legal filing that challenges the legality of a person’s detention. Unlike regular immigration proceedings, a habeas petition goes directly to federal district court and argues that your detention violates the Constitution or federal law .

For immigrants, habeas is essential because:

• It challenges unlawful detention, not just the fact of removal proceedings
• It provides access to federal court jurisdiction, which remains available even for immigrants in removal proceedings 
• It can challenge re-detention and prolonged detention without adequate bond hearings under the Due Process Clause of the Fifth Amendment 
• It can enforce statutory protections, such as the prohibition on detaining individuals with Temporary Protected Status (TPS) 

The Fifth Amendment’s Due Process Clause provides that “[n]o person shall be… deprived of life, liberty, or property, without due process of law.” And it is well established that the Fifth Amendment entitles noncitizens to due process of law in deportation proceedings.

Victory No. 1: Judge Orders Immediate Release After ICE Ignores Court Order

Court: Central District of California
Date of Order: February 18, 2026

The Facts: Client had been detained by ICE under circumstances warranting a bond hearing. On February 4, 2026, we obtained a Temporary Restraining Order requiring that ICE provide our client with an individualized bond hearing within seven days.

The Government’s Response: Nothing. ICE provided a bond hearing but the AUSA failed to inform the judge. The seven-day period lapsed, and our client remained in detention. When the judge checked the DHS Detainee Locator portal, she confirmed our client was still locked up in blatant violation of her order.

The Victory: On February 18, 2026, the judge issued a no-nonsense order:

“As such, the Court ORDERS Petitioner be released forthwith, but no later than February 18, 2026 at 5 P.M. Respondents are to provide the Court with confirmation of Petitioner’s release by February 18, 2026 at 11:59 P.M.”

The Message: When ICE ignores court orders, federal judges will not look the other way. Our client is now free.

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Victory No. 2: Judge Grants Habeas, Orders Release with Strong Due Process Protections

Court: Eastern District of California
Date of Order: February 11, 2026

The Facts: Client entered the United States and was released pending her immigration proceedings. She complied with all check-ins and had no criminal record. Then, without notice or hearing, ICE re-detained her.

The Government’s Response: The government filed a two-page opposition that said, in its entirety: “We submit on our previous filing.” That’s it. No new facts. No new law. No new excuses.

We argued: “At this point, they’re basically sending the Court a strongly worded shrug.”

The Victory: The judge granted the Petition for Writ of Habeas Corpus, holding:

1. Our client has a protected liberty interest because her prior release created “an implicit promise” that her liberty would not be revoked without cause.
2. The risk of erroneous deprivation is high because she received no hearing.
3. The Government’s interest is low where removal is not imminent and she was not a flight risk or danger.

The court didn’t just order release—it enjoined ICE from re-arresting our client absent:

• Seven days’ notice
• A pre-deprivation hearing
• A showing of changed circumstances
• Or clear and convincing evidence of danger or flight risk

The Impact: This is landmark language establishing powerful protections for anyone who has been released and later re-detained.

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Victory No. 3: Judge Grants TRO, Converts to Preliminary Injunction

Court: Eastern District of California
Date of Order: February 17, 2026

The Facts: Our client entered the U.S., was detained briefly, and was released on parole. Months later, he attended a scheduled ICE check-in—and was re-detained without notice or hearing.

The Government’s Response: The government conceded the case was factually similar to prior cases where this judge had already ruled that due process requires a pre-detention hearing.

The Victory: The judge granted our motion, converted it to a preliminary injunction, and ordered:

“Respondents are ORDERED to immediately release petitioner… respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge.”

Notably, the judge also rejected a contrary Fifth Circuit decision, finding its reasoning “unpersuasive.”

The Message: California federal courts are standing firm on due process protections.

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What These Victories Mean

Taken together, these three victories establish powerful precedent:

1. Prior Release Creates a Protected Liberty Interest

When the government releases someone, it creates an implicit promise that liberty will not be revoked without cause.

2. Re-Detention Requires Notice and Pre-Deprivation Process

You cannot simply detain someone when they show up for a check-in. Due process requires notice and a hearing beforehand.

3. The Government Bears the Burden

To re-detain someone, ICE must demonstrate either changed circumstances or clear evidence of danger or flight risk.

4. Courts Will Enforce Their Orders

When ICE ignores court orders, judges will order immediate release.

5. Statutory Appeals Don’t Suspend Constitutional Rights

Pending appeals in other cases do not justify delaying justice for individuals whose constitutional rights are being violated daily.

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How to Fight Unlawful Detention: Resources and Action Steps

If you or someone you know is detained by ICE, here are concrete steps you can take.

1. Contact Rapid Response Networks Immediately

California has robust rapid response networks that provide real-time assistance when someone is detained. If the detention occurred within the last 24 hours, contact your local hotline immediately .

For Ventura County: Call the 805 Immigrant Rapid Response Hotline at 805-870-8855 or text “ALERTA” to receive real-time updates . You can also contact VC Defensa at 805-296-1119 to learn of possible ICE activity in your area .

For Los Angeles and Southern California: The Immigrant Defenders Law Network (ImmDef) operates a bilingual public hotline designed to give community members immediate access to legal support when someone is detained . Between June 2025 and January 2026, ImmDef coordinated resources and services for nearly 2,400 community members .

2. Seek Legal Representation Immediately

People in removal proceedings are not guaranteed a government-appointed attorney—regardless of age, trauma, or the stakes involved . This means you must find your own lawyer.

ImmDef’s Rapid Response Program provides free, immediate legal support including:

• Emergency legal consultations and intakes
• Preparation and accompaniment for in-person screenings at ICE check-ins and detention centers
• Bond representation to secure release from detention 

To find free or low-cost immigration legal services in your area, visit the Immigration Legal Services directory or contact your county’s resource line .

3. Document Everything

If you are detained or have a family member who is detained, documentation is critical. The Community Needs Assessment survey (available through 211 services) helps community organizations understand what resources are most needed by those impacted by ICE activity . Collected information is kept safe and secure following strict privacy rules .

4. Contact Your Congressional Representative

Your elected officials can help. The Office of Congresswoman Julia Brownley, for example, may assist with:

• Checking the status of an immigration case or application
• Detention facility location assistance
• Locating a detained family member
• Confirming whether there is a deportation or removal order 

To find your representative, visit the United States House of Representatives website and enter your zip code .

5. Consider Filing a Habeas Petition

If you have been detained for a prolonged period—generally over six months—or if you have statutory protections like parole or TPS, you may have grounds for a habeas petition. While hiring an attorney is best, some individuals successfully file pro se (representing themselves).

Your habeas petition should argue:

• That your detention violates due process
• That you are entitled to a bond hearing where the government must justify your continued detention by clear and convincing evidence 
• That any applicable statutory protections (like the TPS non-detention provision) prohibit your detention 

The Bigger Picture: Why Fighting Matters

These legal victories matter for reasons beyond the individuals directly affected.

First, they establish precedent. Every successful habeas petition, every granted TRO, every preliminary injunction sends a message to ICE and DHS that they cannot operate with impunity. Courts are watching, and they will enforce constitutional and statutory limits.

Second, they build community power. As ImmDef notes, through culturally competent legal representation, community education, and coordinated regional support, “we make sure no one is left to navigate an immigration emergency alone. Our work strengthens community power, safeguards due process, and pushes back against a system designed to intimidate and isolate” .

Third, they save lives. Detention is not neutral—it is harmful. People detained in ICE facilities face overcrowding, unsafe conditions, and separation from families and legal support . Every person released is a person who can return to their community, their job, their children.

Conclusion: You Are Not Alone

The recent habeas victories in California prove something essential: the law can be a tool of liberation, not just oppression. When immigrants and their advocates stand up and demand their rights, courts sometimes listen.

Yes, the situation is frightening. Yes, enforcement has escalated. Yes, the system is stacked against immigrants in many ways. But despair is not an option—and it is not justified by the facts.

In just the past few months, a TPS holder was ordered released despite ICE’s