ICE Unlawfully Arrests 16-Year-Old With Status, Orgs File for Immediate Release

NEW YORK, NY – Today the New York Civil Liberties Union (NYCLU) and The Door’s Legal Services Center filed an emergency habeas petition on behalf of E.J.C.C., a 16-year-old Bronx high schooler who U.S. Immigration and Customs Enforcement (ICE) agents illegally arrested and detained when appearing for a mandatory, routine ICE check in. Despite having protective SIJ status, which is reserved for minors abused, neglected, or abandoned by a parent, and despite his compliance with all government orders, ICE detained E.J.C.C. and is attempting to rapidly deport him to dangerous conditions in Ecuador.

The organizations filed the emergency habeas petition following E.J.C.C.’s unlawful arrest and the government’s subsequent attempts to transfer him out of New York. Through this filing, E.J.C.C. asks the Court for his immediate release, arguing that detaining minors like E.J.C.C. undermines the very purpose of SIJS and violates the Due Process Clause, the Fourth Amendment, and the Administrative Procedure Act.

“ICE’s actions of arresting a child – with legal status reserved for particularly vulnerable minors – at a routine check-in is breathtakingly cruel and a clear violation of U.S. immigration law and the Constitution,” said Elizabeth Gyori, senior staff attorney at the New York Civil Liberties Union. “E.J.C.C. was doing exactly what the government asked by showing up to his ICE check in and pursuing a legal pathway to citizenship. When the Trump administration punishes children with lawful status for following the rules, it turns our justice system into a farce. With this lawsuit, this regime can’t get away with it.”

“Yesterday was another devastating day in New York City and we cannot let ICE continue to tear communities apart and harm New Yorkers,” said Beth Baltimore, deputy director of the Door’s Legal Services Center. “From the Courts to the streets of NYC, young New Yorkers seeking protection through our legal system are being met with threats, detention, and the possibility of removal from the United States. At The Door, we are committed to supporting and standing with New York youth and standing up to the injustices taking place in our city.”

Over the past few months, ICE officers have arrested hundreds of children across the state. This includes Dylan, another high schooler from the Bronx who ICE arrested when attending a routine court date, another student in New York City, and even a 6 year old. HHS data shows that about 2,000 or more children have been trapped in the Office of Refugee Resettlement custody since President Trump took office.

For all case materials, please see here. 

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