New York City filed an amicus brief in a federal habeas corpus proceeding on Tuesday, supporting a former high school student who was arrested by Immigration and Customs Enforcement (ICE) after attending his mandatory immigration hearing in lower Manhattan.
The city filed the brief in the US District Court for the Eastern District of New York in support of Jose Luis, arguing that his June 2 arrest—despite his clean record and pending Special Immigrant Juvenile (SIJ) application—reflects a broader pattern of ICE detaining immigrants who voluntarily attend legal proceedings. SIJ status is a US immigration benefit that provides a pathway to lawful permanent residency for foreign-born minors who have been abused, neglected, or abandoned by one or both of their parents, and who are under the jurisdiction of a juvenile court.
The brief emphasized that immigrants comprise almost 40 percent of NYC’s population—over 3 million people—and are essential to the city’s economic, social, and cultural life. The city also noted that Luis is one of at least a dozen individuals who were arrested in or near courthouses despite actively complying with legal requirements.
“[S]ince the federal government began arresting immigrants who show up for proceedings in immigration court, reporting shows that these tactics are already beginning to dissuade many from appearing,” the city argued in the amicus brief. “[A]ccording to one report, of the approximately two dozen immigrants who were required to appear for immigration proceedings at a courthouse in Manhattan on a single day in June this year, 17 did not make an appearance.”
According to the filing, Luis had previously received support through the City’s Asylum Application Help Center, which assists eligible New Yorkers with Temporary Protected Status (TPS) and work authorization.
Mayor Eric Adams stated that “at a time when many immigrants in our city live in fear of being detained or deported, we are using every legal means possible to keep them safe,” adding that immigrant residents must be able to access schools, courts, hospitals, and law enforcement without fear of deportation.
Mayor Adams has taken a varied approach to immigration policies in recent months. On Tuesday, he established the Mayor’s Office to Facilitate Pro Bono Legal Assistance, a $76 million initiative aimed at providing free legal support for immigrants within the five boroughs. He has also faced criticism for allegedly furthering federal immigration policies during Trump’s second term, such as allowing ICE into Rikers Island, in exchange for his federal corruption case being dismissed by the Department of Justice.
Muriel Goode-Trufant, corporation counsel for NYC, added that targeting individuals for fulfilling legal obligations “undermine[s] the public trust and violate[s] the principles of fairness and justice,” fostering a culture of fear in judicial proceedings.
This filing follows a June 2 amicus brief submitted by the City on behalf of Dylan Lopez Contreras, a public school student from Ellis Prep Academy who was detained on May 21 following a similar routine immigration appearance. In both cases, NYC contended that these arrests violate due process and deter cooperation with government systems, ultimately weakening public trust in the rule of law.
