Who can sign the petition
Under 28 U.S.C. § 2242, a habeas petition may be signed and verified by the person in custody “or by someone acting in his behalf.” This is the source of “next friend” standing. In Whitmore v. Arkansas (1990), the Supreme Court explained that a next friend must give an adequate explanation for why the real party cannot appear on their own behalf — such as inaccessibility, mental incompetence, or another disability — and must be truly dedicated to that person’s best interests. A close family relationship often supports the second requirement.
In most immigration cases, the detained person can participate through counsel and the petition is filed in their own name. Next-friend filings are most useful in urgent situations: when the person has just been detained and cannot be reached, has been moved, or faces imminent transfer.
What families should gather
A habeas petition is only as strong as its record. Families can make an enormous difference by collecting:
- the detainee’s full name, date of birth, and A-number (alien registration number);
- the facility where they are held and the date they were detained;
- copies of any Notice to Appear, custody documents, or immigration court orders;
- proof of long-term residence, employment, family relationships, and community ties;
- medical records documenting any condition worsened by detention;
- letters of support from employers, religious leaders, and neighbors.
The detainee’s location can be confirmed through ICE’s Online Detainee Locator System using the A-number or name and country of birth. Because transfers happen, it is worth checking the locator again just before any filing.
Protecting the detained person
Families should avoid having the detainee sign documents or make statements to officers about the merits of their immigration case without legal advice. Statements made in detention can surface later in immigration court. The safest course is to get counsel involved quickly so that both the habeas petition and the underlying immigration case are handled consistently.
Frequently asked questions
Can I file a habeas petition for my husband or wife in ICE custody?
A habeas petition can be brought by someone acting on the detained person’s behalf as a “next friend,” but the next friend must show why the detainee cannot bring the petition personally and must be dedicated to their best interests. In most cases the petition is filed in the detained person’s own name, with family members helping gather evidence.
What is an A-number and why does it matter?
An A-number, or alien registration number, is the identifier the immigration system assigns to a noncitizen. It is used to locate a detainee through ICE’s Online Detainee Locator System and to identify their immigration records, so it is one of the most important pieces of information to provide to an attorney.
This guide provides general information, not legal advice. Every detention case turns on its own facts and the law changes; consult an attorney about your specific situation.
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