Advocates challenge prolonged detention as unnecessary and unjust, highlighting its impact on youth.
Media Contact: John Henry, jhenry@childrensdefense.org, CDF Media Relations Manager, 708-646-7679
NEW YORK, NY— Five leading child advocacy organizations have filed an amicus brief in federal court supporting a Bronx teen from Ecuador who is currently being held by the United States Office of Refugee Resettlement (ORR). His case will be heard at a White Plains federal court on Monday, November 17.
On October 23, immigration officers detained the 16-year-old during a scheduled immigration check-in at 26 Federal Plaza, which he attended with his lawyer. He had been living in the Bronx with extended family following his mother’s decision to self-deport earlier this year. The New York public high school student, an 11th grade English language learner, had previously been granted “Special Immigrant Juvenile” status by U.S. Citizenship and Immigration Services in April 2025, which provides a path to permanent residency.
The attached amicus brief in EJCC v. Joyce, submitted by Children’s Defense Fund, the Kairos Center for Religion, Rights, and Social Justice, EdTrust–New York, the Young Center for Immigrant Children’s Rights, and Children’s Rights, urges the U.S. District Court for the Southern District of New York to grant the teen’s request for release from an ORR congregate care facility in the Bronx without restrictions on his liberty. Attorneys Katherine Rosenfeld and Nick Bourland of Emery Celli Brinckerhoff Abady Ward & Maazel LLP filed the brief on behalf of the five organizations.
The amicus brief and the teen’s attorneys, The Door’s Legal Services Center and the New York Civil Liberties Union, argue that his unnecessary detention threatens to harm his mental health and education.
The teen is currently enrolled in classes at ReStart Academy, an alternative education program that partners with ORR. According to the academy’s website, it serves “the most vulnerable students” that “have become disengaged from school.” However, before his detention, the teen was performing at grade level, actively participating in school, and on track to graduate on time. The organizations that filed the brief argue that, given his strong academic record, placing him in an alternative education program is inappropriate for his learning needs.
“When children and young people are detained, including in ORR congregate facilities, and separated from their communities and schools, empirical research shows that such detention is deeply traumatizing and has long-term negative impacts on brain development and on that child’s trajectory through life,” the brief reads.
The five organizations share a common goal of promoting the welfare and safety of children affected by immigration detention and bring decades of experience advocating for youth in these settings. The purpose of the brief is to provide the court with accurate information about the harms suffered by detained children, including those held in ORR facilities. In a March letter to the Trump administration, the American Academy of Pediatrics and other national medical organizations concluded that “even short periods of detention can cause psychological trauma and long-term mental health risks” for children.
Statements from the organizations involved in the amicus brief appear below:
Children’s Defense Fund-New York Director Khin Mai Aung:
“Immigration detention is no place for children and youth. EJCC’s detention is especially harmful, as he is missing out on a critical part of junior year despite performing at grade level, and should be at home attending his community high school.”
Children’s Rights Deputy Litigation Director Leecia Welch:
“Children torn from their parents and communities and confined in isolating, dehumanizing facilities endure unspeakable trauma. The confinement of EJCC, who has a loving home waiting for him, is particularly cruel and must come to an end. Every minute children spend in these institutions is a minute too long, stealing vital time from their lives and futures.”
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About the Supporting Organizations:
The amici are united by a shared goal: to promote the welfare and safety of children and youth affected by immigration detention. Their work focuses on protecting minors from the serious harms of detention and safeguarding their educational rights. They include Children’s Defense Fund, the Kairos Center for Religion, Rights, and Social Justice, EdTrust–New York, the Young Center for Immigrant Children’s Rights, and Children’s Rights.