Habeas corpus

Habeas corpus is a legal action, Latin for "you have the body," that lets a person held in custody ask a court to decide whether the detention is lawful. If the court finds it is not, it can order release. It is called the "Great Writ" because of its long history as a defense against arbitrary imprisonment.

The Constitution's Suspension Clause (Article I, Section 9) says the privilege of the writ "shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Federal courts hear petitions from state and federal prisoners, though Congress, in the Antiterrorism and Effective Death Penalty Act of 1996, restricted them with strict deadlines and limits on repeat petitions. The Supreme Court held in Boumediene v. Bush (2008) that detainees at Guantanamo Bay have constitutional habeas rights.

Habeas also arises in immigration cases, where detainees challenge their detention or removal, as in disputes over expedited removal and deportation under the Alien Enemies Act. Debates concern how much federal courts should second-guess state convictions, balancing finality and respect for states against protection from wrongful confinement. It is closely tied to procedural due process.