An old legal procedure is getting asylum-seekers out of ICE detention

A 20-year-old asylum seeker from Colombia was detained by ICE officers after attending an immigration court hearing in San Francisco. His attorney, Jordan Wells, filed a habeas corpus petition, which resulted in his release three days later. This legal maneuver highlights a new trend as lawyers adapt old procedures to combat ICE's escalating arrests of asylum seekers in court. Traditionally, habeas corpus petitions were used for individuals detained for extended periods, but they are now being filed for those arrested immediately following their hearings. Wells emphasized that all individuals have a Fifth Amendment right to due process, which these petitions aim to protect.

The success of such petitions has been noted among other legal advocates in the Bay Area, suggesting a broader shift in the legal landscape for asylum seekers. As ICE's tactics evolve, these legal strategies may become increasingly vital for protecting vulnerable populations. This case serves as a critical example of how legal advocacy can effectively respond to changing immigration enforcement practices.