Habeas Corpus Filings Surge 5x in Early 2026 Amid ICE Detention Concerns

In a striking development highlighting tensions in U.S. immigration enforcement, habeas corpus petitions filed in Minnesota's federal courts have skyrocketed by five times in January 2026 compared to the entire previous year. This surge, totaling 691 filings since January 1, underscores growing legal challenges to Immigration and Customs Enforcement (ICE) practices, particularly at the Whipple Federal Building in Fort Snelling. As attorneys rally to secure releases for detainees, reports of overcrowded and unsanitary conditions are fueling a broader debate on constitutional protections and human rights.

What is Habeas Corpus?

Habeas corpus, Latin for "you shall have the body," is a fundamental legal principle enshrined in the U.S. Constitution under Article I, Section 9. It allows individuals to challenge the legality of their detention by requiring authorities to bring the detainee before a court. This writ serves as a safeguard against arbitrary imprisonment, ensuring that no one is held without due process.

Historically, habeas corpus dates back to medieval England and was imported to the American colonies as a bulwark against tyranny. The Founding Fathers viewed it as essential to liberty, famously suspending it only during extreme crises like the Civil War under President Lincoln. Today, it's invoked in various contexts, from criminal appeals to immigration cases, where detainees argue their confinement violates constitutional rights.

In the immigration realm, habeas petitions often target ICE detentions, questioning whether holds are justified or if conditions amount to cruel and unusual punishment under the Eighth Amendment. Recent federal rulings, such as one mandating the immediate release of lawfully present refugees, have emboldened lawyers to file more aggressively.

The Dramatic Surge in Filings

Federal court records reveal a stark contrast: while 2025 saw just 128 habeas corpus petitions related to immigration in Minnesota, January 2026 alone has logged 691. This explosion coincides with intensified ICE operations in the metro area, described by attorneys as a "surge" in enforcement.

Steven Thal, an immigration lawyer representing several affected clients, attributes the increase to two main factors: unjustified detentions and intolerable facility conditions. "People have been wrongly detained," Thal told local reporters. "There hasn’t been a justification for why they’re being detained." His office, like many others, is filing petitions daily with the U.S. District Court.

Non-profit organizations echo this sentiment. The Advocates for Human Rights issued a statement decrying Department of Homeland Security (DHS) practices: "DHS is detaining people indiscriminately and unjustly. In this situation, sometimes the only recourse... is to ask the federal court to step in and order the release." As arbitrary arrests rise, so do the legal challenges, painting a picture of systemic strain in the immigration system.

Behind the Numbers: A Metro Enforcement Push

The uptick aligns with heightened ICE activity in the Twin Cities region. Reports indicate a focus on workplaces and communities, leading to swift detentions without clear probable cause. One Maple Grove resident, a 33-year-old remodeling contractor with a pending visa petition and green card application, was among those caught in the net. Detained on January 14, he endured 27 hours in a basement holding cell before release—without charges.

This isn't isolated. Attorneys report a pattern: clients shackled during transport, denied medical evaluations, and held amid a backlog of immigration cases. The sheer volume of petitions suggests courts are increasingly overburdened, potentially delaying resolutions and prolonging suffering.

Revealing the Conditions Inside Whipple

At the heart of many petitions are allegations of substandard conditions at the Whipple Federal Building, a temporary ICE holding site. Protests outside its chain-link fences have become routine, but inside, former detainees describe a far grimmer reality.

The aforementioned contractor recounted his ordeal to 5 Eyewitness News: "The conditions were really bad. You just would not lie down on the floor, I mean, with 50 people in one room? I mean, c’mon." Overcrowding forced shared spaces on concrete, exacerbated by biting cold and flickering lights that prevented sleep. Sanitary facilities were woefully inadequate—only one working toilet for dozens, leading to health risks.

"It was cold, there was just only one toilet for everyone to use," he explained. "There were two toilets, but one of them didn’t work at all." Medical care was absent, a critical omission for vulnerable individuals, including families and those with pre-existing conditions.

Thal, representing the man, called the setup "inhumane" and "intolerable." Similar stories from other clients highlight a lack of basic amenities, violating international human rights standards and U.S. detention guidelines. A Minnesota congresswoman has launched an investigation, amplifying calls for oversight.

ICE and DHS Responses

Homeland Security has pushed back against these claims. In statements to outlets like The New York Times, the agency dismissed reports of poor conditions as "false," insisting facilities meet federal standards. However, 5 Eyewitness News reports ongoing efforts to obtain direct comment on Minnesota-specific issues, with no detailed response yet.

Critics argue this denial ignores on-the-ground evidence. Federal judges have begun intervening, ordering releases in cases where detentions lack merit. One recent ruling affirmed that lawfully present refugees must be freed immediately, setting a precedent that could influence the wave of petitions.

Broader Implications for Immigration Policy

This habeas corpus surge transcends Minnesota, signaling national unease with ICE's post-2024 election enforcement strategies. With immigration a hot-button issue, the filings spotlight enforcement's human cost: families separated, workers uprooted, and rights potentially eroded.

Legal experts predict more challenges ahead. As petitions mount, they could strain judicial resources and prompt policy shifts, perhaps toward alternatives like ankle monitoring over detention. Immigrant advocacy groups urge Congress to address root causes, including visa backlogs and asylum reforms.

For detainees like the contractor, freedom brings relief but lingering trauma. "I said, ‘Hey, I don’t have enemies, but if I did have enemies, I would not wish my enemies to go there,'" he reflected. His case, pending with U.S. Citizenship and Immigration Services, exemplifies how habeas corpus remains a vital tool in upholding justice.

As 2026 unfolds, the eyes of the nation—and the courts—will be on these proceedings. Will this surge catalyze change, or entrench divides? Only time, and more filings, will tell.

This article is based on federal court data, attorney statements, and detainee accounts as of February 2026. Everythiiing.com will continue monitoring developments.