Dear MNAPABA Members and Community Partners,

In recent weeks, federal courts in the District of Minnesota have recognized a legal mechanism—often referred to as “next-friend” habeas—that may allow a family member or other trusted person, in certain circumstances, to file an emergency habeas petition on behalf of an individual detained by immigration authorities when the detained person cannot meaningfully access the courts themselves.

This framework is grounded in federal habeas statutes, including 28 U.S.C. §§ 2241-2242, and longstanding Supreme Court precedent. Some recent matters addressing this issue are under seal, and there is not yet a publicly available template or standardized form. However, several community organizations are actively working on guidance.

For those interested in reviewing a publicly available example, a recent District of Minnesota order discussing next-friend habeas is available here.

There is an ongoing need for volunteer attorneys to assist with such habeas petitions. Attorneys interested in volunteering may learn more about the Minnesota Immigration Habeas Representation Initiative and provide their information here.

In addition, the Minnesota Habeas Project will host a series of trainings this Thursday, January 29th and Friday, January 30th focused on filing and litigating habeas petitions for Minnesota community members taken into immigration detention. The trainings will also explain how completed cases may be paired with volunteer attorneys. Materials include session descriptions, registration links, a short “Habeas 101” video, and a sign-up form for attorneys interested in volunteering. Click here to learn more.

For a coordinated list of updated and consolidated resources and opportunities, please visit Resources to Support the Rule of Law and Our Communities - Hennepin Lawyer.

MNAPABA is sharing this information for general awareness only. This notice is not legal advice and does not represent that MNAPABA is providing legal representation. Individuals and families affected by immigration detention should consult with qualified legal counsel or legal aid organizations regarding their specific circumstances.

Sincerely,

MNAPABA Executive Board