Defending Immigrants' Rights and Due Process with Habeas Corpus

As federal agents continue to deploy reckless immigration operations across Maine and the country, the ACLU of Maine is fighting back in court, and helping others do the same.

The Constitution guarantees that no one in this country can be imprisoned without due process — regardless of immigration status. One of our most important tools for ensuring this right is the writ of habeas corpus, one of the oldest legal protections in existence. It allows any person held in custody, citizen or not, to challenge the legality of their detention before a judge.

Before January 2025, only a handful of immigration habeas cases had ever been filed in Maine. In response to the Trump administration’s cruel and indiscriminate immigration crackdown, we worked with our partners at the Immigrant Legal Advocacy Project and the University of Maine School of Law to deploy the habeas writ on behalf of immigrants illegally detained throughout Maine.

We've seen significant results. As of June 2026, over 70 immigration habeas cases have been filed in Maine’s federal district court. The vast majority of those habeas challenges have been granted, and the vast majority of people arrested during Operation Catch of the Day have since been released.

To push back against federal law enforcement's sweeping overreach, we've developed a network of lawyers and advocates across the state and New England to expand the protections of habeas corpus. Together, we're helping more people access the courts and use habeas corpus to secure their freedom from unlawful detention.

We will continue to fight to defend the due process rights of all people in Maine.

In response to the Trump administration’s cruel and reckless immigration crackdown, we worked quickly with partners across Maine and New England to create a statewide habeas network. As a result of close collaboration between the ACLU of Maine and immigrants’ rights advocates across the region, we’ve greatly increased the number of skilled attorneys able to file emergency habeas cases for people detained by immigration authorities in Maine.

• Building Regional Partnerships: We partner with the Habeas Project of New England to connect immigrants facing unlawful detention with federally barred attorneys who can fight for their release in court.
• Recruiting & Training Volunteers: We recruit, train, and mentor volunteer lawyers in Maine to handle emergency habeas cases, supporting them with resources, monthly meetings, and mentorship.
• Setting Legal Precedents: Collaborating ILAP, Pine Tree Legal Assistance, and the Maine Law School's Refugee and Human Rights Clinic, we take on groundbreaking cases that set new legal precedents. Together, we also launched an emergency triage system to process requests for legal help quickly.

The ACLU of Maine has gathered helpful legal resources for attorneys handling habeas cases.

• Comprehensive list of U.S. immigration habeas cases
• List of Maine immigration habeas cases