Why was the project created?
The Illinois Habeas Project is one of several legal service projects established this year as part of a collaborative effort to assist Illinois immigrants. Many residents have been detained without due process and/or in violation of other legal rights. This project will identify unlawful detentions appropriate for habeas relief and file petitions with the relevant federal court as soon as possible after detention.
How is the project managed?
The project is housed at the National Immigrant Justice Center (NIJC). The ACLU of Illinois is partnering with the project, and the Chicago Bar Foundation coordinates the pro bono panel. Cases will be referred to the program by immigration attorneys, NIJC habeas attorneys will screen for eligibility, and pro bono attorneys will co-counsel with the immigration attorney to file the habeas petition under the supervision of NIJC and habeas mentors. This coordinated effort relies on participation from a panel of dedicated pro bono attorneys who are prepared to respond quickly as clients are identified.
Who are the clients?
Individuals who have been detained in Illinois and are facing unlawful detention and for whom existing habeas theories can be invoked to halt such actions, including people facing imminent removal from the United States and those facing removal to a country other than their country of origin.
What is the pro bono attorney’s role?
Pro bono attorneys will be listed on an on-call panel for days that fit their schedules. When a case has been identified, the on-call attorneys will be contacted and the first to accept the case will be assigned and given the case information. The accepting attorney will meet remotely with the client’s immigration attorney and NIJC staff, prepare the habeas petition and motion for a Temporary Restraining Order, and file the pleadings as soon as possible. After the initial filing, the attorney will handle any follow up briefings and court appearances. Cases average 10-20 hours, and attorneys will not be expected to handle more than one case at a time. The pro bono attorney’s responsibility ends when the habeas case concludes, usually between one and three months, and the immigration attorney will then handle all immigration issues.
What experience is needed?
Prior federal court practice experience is strongly preferred, as are admission to the U.S. District Court for the Northern District of Illinois or another federal jurisdiction; an active PACER account is required. Immigration or habeas experience is not necessary.
What support is provided?
A training video, materials, and template pleadings will be available prior to taking a case. The client’s immigration attorney will remain available throughout the habeas case, and project mentors are available to review pleadings and for guidance. Malpractice insurance is provided by NIJC.
For more information, contact Linda Rio at lindario.consulting@gmail.com.
Fighting for Freedom: Intro to Immigration Habeas Practice
November 17, 2025, 12:00-1:30pm CST
This training is geared towards practitioners who would like to develop their skills around federal court immigration habeas practice. The training will discuss the nuts-and-bolts of filing a habeas petition, including preparing the petition, filing, and what to expect as the case proceeds. We will also discuss common habeas claims arising under the current Trump Administration and how to assess whether your client may benefit from habeas. Finally, we will discuss NIJC’s Illinois Habeas Project and how interested practitioners can get involved in pro bono representation through the project.
