ICE detention reached a record high of over 73,000 people in January 2026. Even as that number has fluctuated, roughly three quarters of those detained have no criminal conviction. Detainees are people of all ages from child to elderly. Detentions range from months to over a year and there are numerous accounts of abuse, sometimes resulting in death. Most have no lawyer. Federal courts, including in Georgia, have been ordering their release. The government has not always complied.
The legal arguments and precedent exist, yet many detainees endure prolonged detention because of a lack of legal representation equipped to handle their case. Because non-citizens detained by ICE are considered to be in civil detention, they do not have a guaranteed right to an attorney. Many people who would be able to be released from detention simply wait, because of a lack of information, a lack of funds, or gaps in understanding by their attorneys in a quickly changing legal environment.
By The Numbers
Building Advocates
Legal Reach
Figures reflect the Habeas Initiative's own casework and are updated periodically. They do not represent national ICE detention statistics.
What We Do
We work with immigration attorneys and legal advocacy organizations who offer pro-bono and low-bono services to detained non-citizens.
Legal Work
Outreach Work
The Habeas Initiative operates out of the Civil and Criminal Justice Institute at Atlanta's John Marshall Law School.
Learn more about the Criminal and Civil Justice Institute or our supportive partnerships at Sanctuary of the South.
Note: This initiative is led by law students. Nothing here constitutes legal advice.
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