What we do.
The SIJS Habeas Project helps youth with approved Special Immigrant Juvenile Status (SIJS) live free and thrive by securing their release from ICE detention facilities across the country. The Project works closely with advocates and youth leaders from the End SIJS Backlog Coalition to identify legal trends involving the arrest and detention of SIJS-approved youth in ICE facilities and advance favorable case law to stop unlawful detentions. Project staff train and mentor pro bono attorneys and legal service providers to be able to file and litigate habeas cases in federal court seeking the release of detained SIJS-approved youth. Project staff also provide technical assistance to attorneys already litigating complex habeas petitions for SIJS-approved youth.
To learn more about habeas corpus petitions for SIJS youth, read our Practice Advisory: Freeing SIJS Youth from ICE Detention.
Who we help.
We accept case referrals for individuals who have an approved SIJS petition (I-360) and are unlawfully detained in ICE custody within the United States.
We accept technical assistance requests from pro bono attorneys or legal service providers who are litigating or contemplating a habeas petition in federal court for a SIJS-approved youth.
Currently we are unable to provide assistance for detained individuals with a pending SIJS petition or who may be SIJS eligible but have not filed their I-360 form yet. For those individuals, you may refer to the National Immigration Project’s other Habeas Projects, if within their geographic scope, and/or use our Find an Attorney form to locate private counsel.
For youth in the custody of the Office and Refugee Resettlement (ORR), please refer to the Children’s Due Process Project.
To report a SIJS youth who was unlawfully deported, please fill out this survey by the End SIJS Backlog Coalition.
How to request a pro bono lawyer or technical assistance from the SIJS Habeas Project.
People seeking a pro bono habeas lawyer for a SIJS-approved youth currently in ICE detention can complete this intake form. After the form is submitted, SIJS Habeas Project staff will assess the case to determine if the individual has a viable habeas claim. After Project staff determine viability, we then determine whether the case can be placed with a pro bono habeas lawyer. In limited cases, SIJS Habeas Project staff may be available to take on the representation or serve as co-counsel.
Completing the intake form does not guarantee that the SIJS Habeas Project will be able to place or accept the case. The Project currently only considers cases for individuals with approved SIJS who are currently in ICE detention.
If you are an attorney litigating or contemplating litigating a SIJS habeas case, you may submit a technical assistance request form to receive a consultation with SIJS Habeas Project staff.
We currently do not consider cases or provide technical assistance for children in ORR custody or detained individuals with a pending SIJS application or who are SIJS eligible but have not filed an I-360.
What information do I need to fill out the case referral or technical assistance form?
It’s ok if you don’t know everything about a detained SIJS youth’s case, but this information helps us find a lawyer or provide technical assistance faster:
- Where the SIJS youth is detained (you can sometimes find this by checking here: https://locator.ice.gov/odls/)
- The name and contact information of someone who has the SIJS youth’s permission to talk to people about their case (this can be a family member or referring attorney)
- The SIJS’s youth’s name, date of birth, A number, and what country they are from (for case referrals only)
- When the SIJS youth was detained and a description of the arrest
- How and where the SIJS youth entered the U.S., including whether they were detained at the border
- Whether the SIJS youth was designated an unaccompanied child and previously released to a sponsor
- When the I-360 was approved and the SIJS youth’s priority date
- The status of the SIJS youth’s immigration case (you can check their case here: https://acis.eoir.justice.gov/en/)
- Past interactions with law enforcement and immigration enforcement
- Information about any past or upcoming immigration bond hearings
You will have an opportunity to upload relevant documents with both the case referral and technical assistance forms. Helpful documents to have ready for upload are:
- SIJS I-360 approval notice
- Notice of termination of deferred action, if applicable
- Prior release documents, if applicable (i.e. parole, release on order of recognizance, or ORR verification of release)
- Immigration court decisions, if applicable (i.e. order terminating proceedings, bond denial, or removal orders)
What to expect after a case referral or technical assistance request is submitted.
After you submit a case referral form or technical assistance request, you will receive an automated email confirming your submission. SIJS Habeas Project staff will aim to be in touch within 3 business days after submission. If your request is urgent, i.e. deportation is imminent, please indicate this in the case referral or technical assistance form and we will do our best to prioritize your request.