NYC Law Department supports detained Venezuelan high school student with amicus brief following immigration hearing.

The New York City Law Department has expressed its support for Jose Luis Rojas Figuera, a 20-year-old Venezuelan migrant and high school student from Queens, who was apprehended by Immigration and Customs Enforcement (ICE) agents within a Manhattan courthouse. The department has filed an amicus brief asserting that Rojas Figuera is being detained without cause and in violation of his due process rights.

Rojas Figuera, who has been attending Pan American High School in Elmhurst for approximately a year and arrived in New York in October 2023, has no criminal history. He is currently in the process of applying for a green card, as stated in the brief submitted to the court.

The incident took place on June 2, when Rojas Figuera attended a routine immigration hearing at 26 Federal Plaza with his mother. He was unaccompanied by legal representation, and during the hearing, a Department of Homeland Security attorney requested that the case be dismissed—a strategy often employed to expedite removal proceedings. Although the motion to dismiss was denied by the presiding judge, ICE agents detained Rojas Figuera immediately following the hearing.

New York City Corporation Counsel Muriel Goode-Trufant highlighted in the brief that such tactics create a dilemma for many residents, forcing them to choose between attending court, where they risk detention, or avoiding court and jeopardizing their legal status. She argued that free access to courts is essential for upholding the rule of law, emphasizing that the judicial system cannot function effectively if courthouses become areas for enforcement actions.

The amicus brief, filed in the U.S. District Court for the Eastern District of New York, also mentioned that Rojas Figuera is seeking Special Immigrant Juvenile Status (SIJS), a pathway for individuals under 21 years old who have faced abuse, neglect, or abandonment. Goode-Trufant noted that his detention disrupts his SIJS proceedings and sends a troubling message to other applicants about the risks of pursuing their legal rights.

City Mayor Eric Adams reiterated the importance of ensuring that immigrant New Yorkers can access public resources and legal avenues without fear of incarceration. He expressed commitment to protecting individuals engaged in lawful processes.

Rojas Figuera’s attorney, Paige Austin, while grateful for the city’s involvement, emphasized the trauma endured by him and his mother during this ordeal. She stressed that despite the immigration judge’s denial of the dismissal, Rojas Figuera’s detention lacked any justification and has negatively impacted his mental health and familial connection.

Having arrived in 2023, Rojas Figuera sought help at a city asylum center and attended public school before needing to support his mother, who suffers from severe diabetes. His detention has led to significant communication barriers, exacerbating his concern for his mother’s well-being, as he has been unable to contact her since his initial detention.

The city’s involvement parallels similar actions taken last month concerning another young Venezuelan migrant, further highlighting an ongoing commitment to advocate for the rights and protections of undocumented individuals navigating the immigration system. The circumstances surrounding Rojas Figuera’s case underscore larger issues within the immigration enforcement mechanism, posing critical questions about access to justice and the rights of migrants in the U.S.