Index/Topics/Habeas Corpus

Habeas Corpus

The writ of habeas corpus and its application to non-citizens in the United States.

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9 results
Jan 13, 2026
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What are the constitutional limits on declaring martial law in the US?

The Constitution contains no explicit grant of power to declare “martial law,” and that absence shapes multiple legal constraints: Congress controls domestic military deployment through statutes and a...

Jan 13, 2026
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What legal remedies are available if ICE detains a U.S. citizen by mistake?

When Immigration and Customs Enforcement (ICE detains a U.S. citizen by mistake, the immediate remedies are procedural: assert citizenship, present documents, and insist on counsel and verification so...

Jan 17, 2026
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What legal remedies exist if ICE unlawfully detains a U.S. citizen and disputes their documentation?

When ICE wrongfully detains a person who is actually a U.S. citizen and disputes their documentation, the immediate remedies are administrative (assert citizenship, present documents, insist on counse...

Jan 21, 2026

How can tribal governments use federal courts to compel DHS/ICE disclosure of detainee records?

from / can press federal courts using a combination of administrative requests grounded in the and , and broader civil-rights or state-tribal suits that permit discovery, and habeas or injunctive acti...

Feb 4, 2026

How has the Supreme Court's interpretation of due process evolved for non-citizens since the 2020 term?

has maintained the longstanding baseline that non‑citizens within territory are “persons” entitled to some Fifth Amendment protections while simultaneously reaffirming strong deference to the politica...

Feb 2, 2026

What legal remedies and oversight exist for U.S. citizens who are detained or wrongfully removed by immigration authorities?

wrongfully detained or subjected to removal procedures by immigration authorities have a narrow but potent set of legal remedies — chief among them the writ of , prompt assertion and proof of citizens...

Jan 31, 2026

What remedies have courts ordered when ICE unlawfully entered a residence without a judicial warrant?

Federal judges have already used traditional habeas and remedies — ordering at least one detainee released and finding warrantless residential entries unconstitutional — while civil plaintiffs and imm...

Jan 28, 2026

What protections and remedies exist for U.S. citizens wrongfully detained or placed in expedited removal proceedings?

who are wrongfully detained or swept into face constrained remedies, but there are distinct administrative and limited judicial pathways to challenge detention and orders: administrative review when a...

Jan 19, 2026

What legal safeguards and review processes exist to prevent the deportation of U.S. citizens?

A web of constitutional protections, statutory rules, and administrative review mechanisms is designed to prevent the deportation of U.S. citizens and to catch government errors before they result in ...