{"id":404,"date":"2026-06-10T18:39:23","date_gmt":"2026-06-10T18:39:23","guid":{"rendered":"https:\/\/smartmovinghome.com\/?p=404"},"modified":"2026-06-10T18:39:23","modified_gmt":"2026-06-10T18:39:23","slug":"lawyers-are-building-a-new-infrastructure-to-fight-trumps-deportation-machine","status":"publish","type":"post","link":"https:\/\/smartmovinghome.com\/?p=404","title":{"rendered":"Lawyers Are Building a New Infrastructure to Fight Trump\u2019s Deportation Machine"},"content":{"rendered":"
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Truthout is an indispensable resource for activists, movement leaders and workers everywhere. Please make this work possible with a <\/span><\/i>quick donation<\/span><\/i>.<\/span><\/i><\/p>\n

Read more Trump-Deported Migrants Remain Locked Up in Eswatini, Where They Have No Ties<\/a><\/p>\n<\/div>\n<\/div>\n

Coalitions of attorneys, rights groups, and other organizations are developing a powerful new infrastructure to challenge the Trump administration\u2019s mass deportation machine. Several so-called habeas projects have been created in states or regions across the country in recent months to connect noncitizens facing unlawful detention with pro bono attorneys who can file habeas corpus petitions on their behalf in federal court.<\/p>\n

\u201cWhen it became clear that the administration had made it its priority to prevent people from accessing bond and immigration courts and, really the mission of the administration seems to be to keep people in detention for as long as possible, we saw a need to help facilitate access to the federal courts,\u201d Christy Rodriguez, a senior immigration attorney at Massachusetts Law Reform Institute (MLRI), told Truthout<\/em>. MLRI is one of the groups leading the Habeas Project of New England, which serves immigrants jailed by Immigration and Customs Enforcement (ICE) in Massachusetts, New Hampshire, Maine, Rhode Island, or Vermont, as well as Massachusetts residents jailed in Connecticut.<\/p>\n

Similar projects have also been launched to support jailed migrants in New Mexico, New York, Minnesota, and some Gulf Coast states. The National Immigration Project coordinates regular check-in calls across several habeas projects so member organizations can share best practices, talk trends in case law, and support each other.<\/p>\n

Habeas corpus, meaning the right to challenge your detention before a judge, is one of the oldest rights in the U.S. legal system. But for many of the immigrants incarcerated in ICE jails, accessing federal court to enforce that right is impossible without the cost-free support that habeas projects provide. Rodriguez said that since the Habeas Project of New England was launched, it has compiled a list of about 200 federal litigators willing to take on cases, and it has screened over 220 cases.<\/p>\n

\u201cHabeas is an opportunity [to challenge unlawful detention],\u201d Amy Romero, chief legal counsel at the Lawyers\u2019 Committee for Rhode Island and a mentor with the Habeas Project of New England, told Truthout<\/em>. \u201cIt\u2019s a review of the constitutional rights of people, which includes the right to due process, and we keep seeing that courts keep finding that these detentions are unconstitutional, that people are being held without due process.\u201d<\/p>\n

When a court finds a detention is unlawful, it can order the person be released or grant them a bond hearing \u2014 returning people to their families and communities. \u201cIt truly can mean the difference between someone being released or not released,\u201d Sirine Shebaya, executive director of the National Immigration Project, told Truthout<\/em>.<\/p>\n

Habeas proceedings have been a vital tool in the fight to free or slow the transfers of several high-profile individuals jailed by ICE, including R\u00fcmeysa \u00d6zt\u00fcrk and Badar Khan Suri.<\/p>\n

New habeas projects have been created in a matter of months as rights groups and organizers work to provide services for a skyrocketing population in immigration detention nationwide. One of the youngest networks is in New Mexico, where the American Civil Liberties Union (ACLU) of New Mexico and partner organizations launched the New Mexico Habeas Project in April.<\/p>\n

\u201cIt took us all in all about four to five months to put this together, which in the world of nonprofits is lightning fast, especially when it comes to collaborating across organizations, creating a new program structure that hasn\u2019t existed before, and really tailoring it to meet a need in real time,\u201d Rebecca Sheff, a staff attorney at the ACLU of New Mexico, told Truthout<\/em>.<\/p>\n

As soon as the project began soliciting volunteers, Sheff said the response was overwhelming. Habeas petitions tend to be formulaic, and anyone admitted to federal court in New Mexico can file them. The New Mexico Habeas Project, like other habeas projects, provides training and mentorship, partnering federal litigators with experienced immigration and habeas attorneys. This has meant that attorneys who usually specialize in everything from civil rights and environmental law to transactional and personal injury cases have stepped up to help. Law students have also been eager to contribute by tracking trends in case law, conducting research, and helping draft memos or templates.<\/p>\n

\u201cIt speaks to where we are politically that this has become such a pressing need to where we have attorneys diving in who have never dove in in this way before,\u201d Sheff said. \u201cWe\u2019re trying to be creative in finding ways for everyone who\u2019s interested to plug into this work.\u201d<\/p>\n

Read more US Helicopter Downed Over Strait of Hormuz, Raising Fears of Further Escalation<\/a><\/p>\n

Rodriguez also told Truthout<\/em> that thanks to training opportunities offered by the Habeas Project of New England, she has heard from more lawyers who are applying for admission to the federal bar, growing the pool of attorneys who can practice in federal courts and file habeas petitions. \u201cRight now we\u2019re seeing especially immigration attorneys are getting admitted, and a lot of times they have maybe done a habeas case in partnership with one of our federal litigators, have gained some experience and confidence in federal courts, and then are able to go out and do it on their own the next time,\u201d Rodriguez said.<\/p>\n

The need for pro bono habeas support has skyrocketed since the Trump administration expanded the population subject to mandatory immigration detention and restricted access to bond hearings. A July 8, 2025, memo from acting ICE Director Todd Lyons announced the Department of Homeland Security had reclassified many noncitizens, including some who have lived in the country for years, as \u201capplicants for admission\u201d to the U.S. The change was made for the purpose of enforcing part of the Immigration and Nationality Act of 1965, which states that such noncitizens are subject to mandatory detention and are not eligible for a bond hearing before an immigration judge. That provision of the law has historically only been applied to newly arriving individuals at ports of entry.<\/p>\n

Before Lyons\u2019s memo came down, millions fewer immigrants were treated as eligible for detention, and those who were jailed could be released on bond at the discretion of immigration judges working for the executive branch. As soon as that path was foreclosed, courts nationwide saw a surge in habeas corpus filings. The number of petitions filed in district courts totaled around 8,000 in 2025, compared to just 222 the previous year, according to data from the Free Law Project\u2019s CourtListener database analyzed by The Washington Times<\/em>.<\/p>\n

The surge in cases has overwhelmed U.S. attorneys\u2019 offices, responsible for enforcing federal law, and attorneys representing immigrants alike. The strain on U.S. attorneys\u2019 offices has made the job of defending Trump\u2019s immigration crackdown less attractive. Julie Le, a lawyer responsible for arguing the federal government\u2019s side in dozens of habeas cases, told a federal judge in February, \u201cThis job sucks,\u201d according to a court transcript.<\/p>\n

For those on the other side, their jobs are made even more difficult by the Trump administration\u2019s strategy of shuttling jailed immigrants from one detention center to the next across state lines. Attorneys must be members of a state\u2019s bar association to practice in that state, meaning if their client is moved to a state where they are not barred, they must find local attorneys to sign onto their client\u2019s case.<\/p>\n

Recognizing the challenge this poses, and the rising caseload, the Habeas Project of New England, the Lawyers\u2019 Committee for Rhode Island, and Mass Deportation Defense requested that a Rhode Island federal court allow out-of-state lawyers to represent immigration detainees. A judge in mid-April, and it will remain in effect for a year. The Providence Journal <\/em>reported that, according to the court\u2019s records, as of March 6, about 33 percent of the civil cases filed were habeas petitions, up from less than 10 percent in 2025, and only 2.4 percent, or a mere five cases, in 2024.<\/p>\n

\u201cIt would be so extraordinarily important if other courts followed what Rhode Island did,\u201d Romero said. Because right now, \u201cICE keeps moving people across the country, and it\u2019s creating a huge problem with your ability to access your counsel.\u201d<\/p>\n

Even as the number of habeas projects and their pools of volunteer litigators grow, a significant need for support remains. Shebaya told Truthout<\/em> she hopes attorneys and advocates will continue to join, and that organizations in underserved areas will use the habeas project model to provide needed support in their communities. \u201cIt\u2019s become more important than ever for people to come to us, jump in, we will train them, we will support them, and then they will be able to directly impact the lives of people who are detained, give them an avenue, and hope, and get them released,\u201d she said.<\/p>\n

Sheff told Truthout<\/em> the results of this work are not only rewarding for jailed migrants who are able to access federal courts to enforce their rights and potentially secure release, but also for the organizers, advocates, and attorneys on the other side of the equation.<\/p>\n

\u201cA lot of people, attorneys, judges, and so on, who haven\u2019t been as closely connected to the lived realities of people in ICE detention are getting this crash course \u2014 people\u2019s lives are in their hands, their freedom is in their hands,\u201d Sheff said. \u201cIt\u2019s really powerful to see how folks are rising to meet the moment.\u201d<\/p>\n

Read more Israel Moves Gaza Hospital Director Hussam Abu Safiya to Solitary Confinement<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Lawyers and activists are organizing \u201chabeas projects\u201d to file petitions on behalf of unlawfully detained immigrants.<\/p>\n","protected":false},"author":1,"featured_media":403,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-404","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-interesting"],"yoast_head":"\nLawyers Are Building a New Infrastructure to Fight Trump\u2019s Deportation Machine - Smart Moving Home<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/smartmovinghome.com\/?p=404\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Lawyers Are Building a New Infrastructure to Fight Trump\u2019s Deportation Machine - 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