NYC Law Department submits amicus brief in support of detained Ecuadorian high school student facing ICE action.
New York City’s Law Department has submitted an amicus brief in a case concerning a high school student from Queens who faced detainment during a courtroom immigration hearing. This legal filing underscores the city’s concern regarding the actions of immigration authorities, which it describes as creating an untenable situation for residents who may be compelled to attend court but risk arrest.
The student in question, 19-year-old Derlis Snaider Chusin Toaquiza, is a junior at Grover Cleveland High School. He was apprehended last month following what was intended to be a routine immigration check. Toaquiza has no prior criminal record. The federal government’s request to dismiss his case was denied by an immigration judge, who subsequently scheduled a new court date. Despite this, Immigration and Customs Enforcement (ICE) agents proceeded to arrest Toaquiza.
The administration emphasized that the situation poses an alarming dilemma for residents—attending court can lead to detention, while not attending also carries the same risk. City lawyers articulated the perspective that if courthouses are perceived as environments where individuals are vulnerable to arrest, the integrity and functionality of the judicial system will be compromised.
Toaquiza, along with his family, fled Ecuador last year seeking asylum, reportedly to escape discrimination due to their association with the Panzaleo Indigenous group. Upon arriving in New York City, he enrolled at Grover Cleveland High, where he has shown promise as an athlete, recently making the soccer team and being recognized by his teachers for his improvements.
On June 4, Toaquiza attended his court check-in only to be detained by multiple ICE agents, which left his family in confusion. His mother, who was present in a different courtroom, waited outside for him without realizing he had been taken into custody. Reports indicate that in the days following his arrest, Toaquiza was confined in conditions that were cramped and unsanitary, and he received inadequate meals, further exacerbated by a pre-existing health condition.
Currently, Toaquiza has been transferred to an immigration detention facility in Texas, where he has missed significant academic milestones, including his high school’s awards ceremony. The city law department has previously filed amicus briefs in support of other students facing similar circumstances, indicating a consistent stance against ICE’s apprehension tactics targeting youth in educational settings.
In a broader context, Mayor Eric Adams has publicly stated the city’s commitment to ensuring that immigrant communities feel safe accessing city services, asserting that a breakdown in this trust endangers public safety for all residents. As the legal complexities surrounding Toaquiza’s case develop, the implications for immigrants’ rights and access to judicial resources continue to resonate throughout the community.
The U.S. Department of Homeland Security has yet to comment on this situation, leaving questions about the handling of immigration cases in courthouses unaddressed.
