Berardi Immigration Law Partner Jennifer Behm, Esq. was recently featured on Spectrum News 1 discussing a significant trend unfolding across New York: a sharp rise in successful legal challenges tied to immigration detention as enforcement activity increases nationwide.
The story highlighted the growing use of habeas corpus petitions, a legal tool individuals may use to challenge whether their detention is lawful, not their immigration status itself. As more families face prolonged detention and delayed hearings, these filings are becoming an increasingly important avenue for relief.
Jennifer explained the distinction clearly during the interview.
“They are not challenging someone’s immigration status. They’re challenging whether that detention is actually lawful,” said Behm. “When we see habeas petitions, it usually means that the applicant is not happy with the speed at which the process is moving.”
A Surge in Habeas Petitions Across Western New York
According to Spectrum News, the Western District of New York, home to the state’s only ICE detention center, has seen a dramatic increase in filings. In January alone, 69 habeas petitions were filed, with 68 related to immigration cases. By comparison, only two petitions were filed during the same time period in previous years, and neither involved immigration.
Jennifer noted that this surge signals deeper systemic pressures rather than isolated cases.
“The increase in habeas petitions is both a symptom of the system that’s not working, and it’s testing it as well,” she said.
Judges in the district have granted every habeas petition filed so far this year, often resulting in release or a bond hearing. These outcomes reflect the courts’ growing scrutiny of prolonged detention and government delays.
Why This Matters for New York Families
As immigration enforcement evolves, families across Western New York are navigating uncertainty, extended separations, and complex legal processes. The rise in successful habeas petitions suggests that courts are paying close attention to detention timelines and procedural fairness, developments that individuals and employers alike should continue to monitor closely.
Jennifer’s appearance on Spectrum News underscores Berardi Immigration Law’s ongoing commitment to providing practical insight into the legal realities facing immigrants and their families in today’s enforcement environment. If you have questions along your U.S. immigration journey, reach out to Berardi Immigration Law today.
Watch or read the full interview here: https://spectrumlocalnews.com/nys/buffalo/news/2026/02/12/the-system-is-not-working—influx-of-immigration-habeas-petitions-being-granted-amid-crackdowns
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