A Salvadoran construction worker is asking the U.S. Supreme Court to decide whether immigrants who successfully challenge unlawful detention can recover their legal fees from the government. The case could have broad implications for immigration enforcement, as lawyers say the prospect of fee awards would make it easier to take on complex habeas cases that help secure the release of detainees.
Why it matters
The dispute comes amid a sharp increase in challenges to immigration detentions under the Trump administration. A ruling for detainees could make the government liable for attorney fees in some successful detention cases and encourage more lawyers to represent immigrants who often lack the resources to pay for lengthy court battles.
What’s at stake
The justices will decide whether immigration habeas petitions qualify as "civil actions" under a federal law that allows prevailing parties to recover fees from the government. The federal appeals courts are divided on the issue, setting up a closely watched test of detainees' ability to seek compensation after wrongful detention.
