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Detained migrants use constitutional remedy to challenge detention, avoid legal fees

Aug 4, 2026 · Adelanto, CA, Guinea

Undocumented immigrants detained at Adelanto and Desert View Annex immigration detention centers in California are using habeas corpus petitions to legally challenge their detention and seek release on bond, guided by a 24-page instruction packet in Spanish created by the Immigrant Defenders Law Center. Since January 2025, more than 65,000 habeas corpus petitions have been filed nationwide, with over 3,300 filed in federal courts in the Central District of California alone. The Trump administration has disputed migrants' right to use this constitutional remedy, claiming it can suspend the right in exceptional circumstances. Federal judges have granted some petitions, requiring the government to justify the legality of detention.

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