Thousands of immigrants file emergency petitions in federal court challenging ICE detentions, and in some cases taxpayers could end up footing the bill for attorneys
REDMOND, Wash. — When Bon Morissas walked out of immigration detention and into the arms of his family this morning, the emotional reunion marked the end of a months-long legal battle.
In a video shot by family members, relatives cheered and hugged the Bremerton resident outside the Tacoma detention facility.
Morissas was detained by ICE on March 11 after attending a regular check-in appointment in Tachira, according to his family. In response, his attorneys filed a so-called habeas corpus petition in federal court, arguing that the government was unlawfully detaining him.
Now, immigration attorneys across Washington say such emergency federal court filings are becoming increasingly common.
according to habeas corpus casesis a nonprofit website that tracks immigration-related habeas corpus petitions nationwide, with more than 38,000 active cases nationwide. Nearly 1,000 of those cases have been filed in the Western District of Washington since March 2025.
“Five years ago I didn’t have a habeas corpus case,” Redmond immigration attorney Olia Catala told KING 5.
Now, she said she files at least two habeas corpus orders a week.
“I didn’t think I would do this,” Katara said. “But if a lot of people aren’t doing it, then who is doing it? These people are going to be deported. I have no choice.”
A habeas corpus petition is a legal challenge that asks a federal judge to review whether a person is lawfully detained. In immigration cases, lawyers often use them to challenge lengthy detentions or argue that their clients should receive bail hearings.
But the rising caseload also raises broader questions about costs to taxpayers.
Katara said some immigrants who successfully challenge the federal government in court may be eligible for reimbursement of attorney fees under the Equal Justice Act (EAJA).
“Obviously, this is being paid for through taxpayer dollars,” Katara said.
Under federal law, a person who prevails against the government in certain circumstances can apply to recover legal fees if a judge finds the government’s position to be materially unreasonable.
Not all immigration habeas cases receive EAJA payments, and legal experts say courts decide these requests on a case-by-case basis.
Still, lawyers believe the surge in lawsuits reflects a larger problem.
“This is not just an immigration issue,” Katara said. “It’s a waste of tax dollars. It’s a waste of government.”
In addition to potential legal fee reimbursements, taxpayers also fund the broader immigration detention system itself, including detention facilities, transportation, court proceedings and deportation actions.
Katara argued that many of the cases currently filed in federal court involve immigrants who are not considered dangerous or likely to flee.
“In fact, we even had to go to federal court and do all this to prove right that they shouldn’t be locked up,” she said. “Yes. I know how taxpayers feel. I’m a taxpayer.”
