January 29, 2026
The CBF and several partner organizations launched the Illinois Habeas Project last year to provide pro bono assistance to the many immigrants in Illinois who have been unlawfully detained as part of the heightened immigration enforcement efforts in Illinois and across the nation that began in early 2025. During the project’s pilot phase last year, pro bono and legal aid attorneys filed more than 20 successful petitions, with many more habeas cases currently pending or expected in the coming months.
As part of the much larger legal response to the expanded immigration enforcement efforts, habeas relief was identified early on as a distinct legal need where additional pro bono support could make a real difference. The CBF worked with the National Immigrant Justice Center, the ACLU of Illinois, and other partners to develop the new project.
The need for habeas relief stems from immigrants increasingly being taken into custody without due process or in violation of other legal rights. These people often are in detention facing imminent removal from the United States, in some instances to a country that is not their country of origin. The partners in the project determined that the most effective way to combat this challenge was to develop a project to file federal habeas corpus petitions for people with legal grounds to do so (and who meet some other criteria), with the petitions seeking release or a bond hearing.
With the generous support of Schreiber Philanthropy and other foundation partners, the project took flight and is housed at the National Immigrant Justice Center (NIJC), with NIJC providing the core staffing for the project. Attorneys from the ACLU of Illinois serve as mentors and have also taken on cases during the project’s pilot phase. Additionally, the CBF Rapid Response Advisory Committee has provided guidance and support from the start of the project as well.
The project has moved out of the pilot phase and now has a panel of 25 pro bono attorneys and four pro bono local counsel in other states. About 50 petitions (some with multiple petitioners) have been filed through the project, with many more pending or expected to be filed in the coming weeks. Other legal aid organizations serving immigrants have received training and support through the project and are handling petitions for their clients as well.
Most of the cases filed have been based on the legal theory that the individuals are not subject to mandatory detention under federal law. Other cases have been based on attempts to remove individuals to countries not that of their origin, or inaccurate allegations of violations of prior orders of supervision. Most of the cases have been filed outside of the Northern District of Illinois; unlike other states, immigrant detention centers by statute cannot be operated in Illinois, and individuals are transferred to other states after arrest. The project has filed petitions in 13 other federal districts, the majority being in Indiana, Kentucky, and Texas.
A larger number of cases are expected starting in February. Attorneys with federal court experience who are interested and would like to be considered for the panel should view the required training and materials here, and then use this form to apply.
There are also other ongoing opportunities to assist immigrants in need, and you can learn more by visiting the volunteer section on www.illinoisimmigrationinfo.org. For more information about the habeas project and other pro bono opportunities, you can contact Linda Rio, CBF Access to Justice Consultant, at lindario.consulting@gmail.com.