Attorneys Use Habeas Petitions to Free Detained Migrant Children
Attorneys are filing thousands of habeas corpus petitions to secure the release of unaccompanied migrant children held by the Donald Trump administration.
Attorneys across the United States are utilizing a surge in habeas corpus petitions to secure the release of unaccompanied migrant children held in prolonged federal custody. This legal strategy, coordinated through the Children’s Due Process Project, counters efforts by the Donald Trump administration to accelerate deportations and keep children separated from family members or vetted sponsors.
Since January 2025, habeas filings for children have increased by 3,500%. Data from the Acacia Center for Justice indicates that 98% of cases with clear outcomes resulted in the child's release. Legal organizations, including the National Center for Youth Law, accuse the administration of operating a "deportation machine" that violates constitutional rights and ignores the best interests of the child.
In a related legal development, U.S. District Judge Brendan Hurson issued a temporary restraining order against the government. The order requires federal authorities to provide children at least three weeks' notice before conducting fast-tracked asylum interviews.
