Habeas corpus, in latin means "produce the body." In short, a writ of habeas corpus commands the jailer to bring the prisoner before a neutral judge, prove that the prisoner is not being tortured or mistreated, and explain the legality of the detention. Albert Venn Dicey explained that laws providing for habeas corpus "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty."

Habeas corpus dates back to at least 1215 (then known as the "great writ") when the nobles forced King John to sign the Magna Carta, and thus enshrining this essential right. Most scholars consider the right to petition for a writ of habeas corpus to be the oldest universally recognized civil right in Western Civilization.

The right to habeas corpus is guaranteed in Article One of the U.S. Constitition, federal statutes, and common law.

Remarkably, this most basic check on unfettered tyranny of the Executive is under attack in the U.S. -- and not just for detainees in Guantanamo. Congress has limited the ability of federal judges to review decisions of the Executive branch (including Immigration and Customs Enforcement) relating to detention in a varity of areas. This assault on our one-thousand-year-old right has had direct and lasting consequences on individuals and our society as a whole.

National Public Radio/Public Radio International's weekly show This American Life did an amazing one hour on habeas corpus. Listen to it here:


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We have recently brought several petitions for writ of habeas corpus in federal court seeking the release of wrongfully imprisoned immigrants. For more information on these cases and other human rights issues CLICK HERE.