Suits Challenging Confinement of Noncitizens Up
(20 Sep 2018) Habeas corpus filings in federal courts challenging the confinement of noncitizens continue to rise. The latest available data from the federal courts show that during August 2018 the government reported 174 new habeas corpus civil filings by noncitizens. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this number is up 27.9 percent over the previous month when the number of civil filings of this type totaled 136.

When monthly 2018 civil filings of this type are compared with those of the same period in the previous year, their number was up (10.2%). Civil filings for August 2018 are also higher than they were for the same period five years ago. Overall, the data show that civil filings of this type were up 98.6 percent from levels reported in August 2013.

During the first eleven months of Fiscal Year 2018 (October 2017-August 2018), a total of 1,567 habeas corpus actions challenging confinement of noncitizens have been filed in federal district courts across the country. Where these types of suits occur is influenced by where particular detention facilities were located. These facilities are used by Immigration and Customs Enforcement (ICE) to house noncitizens who the agency seeks to deport. Relative to its population, the Northern District of Florida (Pensacola) had the highest number with a rate 11 times the national average, while in sheer numbers the District of New Jersey with 233 new lawsuits had the most habeas corpus actions filed by noncitizens.

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