Santa Clara County will be the first in the region to fund efforts to release every Bay Area resident unlawfully detained by ICE. County leaders are signing a roughly $200,000 agreement with La Raza Centro Legal, a nonprofit legal clinic based in San Francisco, to expand the Bay Area Habeas Network, whose attorneys work to secure habeas corpus proceedings for people in the custody of federal immigration authorities.
What changed
The county is funding an expansion of the Bay Area Habeas Network through La Raza Centro Legal to increase the number of attorneys available to file habeas petitions. Habeas corpus is a legal procedure requiring government officials to justify the detention of someone in their custody before a judge.
The funding addresses a significant capacity bottleneck. La Raza Centro Legal’s interim executive director stated “We have skeletal coverage right now” and that they “have attorneys on call five days a week to file habeas petitions, but it’s the bare minimum.” Each habeas corpus case takes two weeks of attorneys’ time to argue motions and appear for hearings.
Why it matters
For removal-defense practitioners in the Bay Area, this expansion directly affects your ability to pursue habeas relief for detained clients. San Francisco’s immigration court closed last month, forcing those with habeas corpus motions in the Bay Area to go to the next closest immigration court in Concord, roughly 30 miles away. More attorneys on the Habeas Network means faster responses to emergency detention situations and a higher likelihood that co-counsel or referral partners can take cases.
Habeas corpus petitions in San Francisco have had a high success rate in securing the release of people detained by ICE. The expanded network capacity makes this tool more accessible to your clients. Additionally, an ICE facility is planned near Gilroy, in unincorporated South County, making increased regional habeas capacity especially urgent.
Way forward
- Check the Bay Area Habeas Network’s intake procedures. As the network expands, intake protocols, response times, and co-counsel opportunities may change. Verify current contact information and referral processes.
- Document your client’s detention details. Habeas practitioners will need precise ICE facility location, custody status, and factual grounds for unlawful detention to file efficiently.
- Coordinate with local immigration court closures. Factor in the Concord immigration court distance when scheduling habeas hearings and determining motion deadlines.
- Monitor the funding rollout. The $200,000 agreement is a multi-year commitment contingent on implementation; confirm the network’s recruitment and onboarding timeline before relying on expanded capacity.
Disclaimer
This article is not legal advice and does not constitute legal counsel. Folaform is a software company, not a law firm. You should always consult with a licensed immigration attorney in your jurisdiction before making decisions about habeas corpus strategy, detention response, or any other immigration matter. The information in this article is based on the source linked above and reflects the state of policy on the publication date; immigration policy and funding priorities can change without notice. Always verify the current status of any program or initiative directly with the relevant agency or service provider before advising clients or making filings.