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Quick Guide to Release from Immigration Detention for SIJS Youth

Practice Advisory
Issue area
Children and Families
Detention
Removal Defense
USCIS Benefits
Audience
Attorney
Published: Jan. 13, 2026

This resource, intended for attorneys representing SIJS beneficiaries who are 18 years of age or older, is meant as a “quick guide” to help identify potential habeas arguments and strategies for securing SIJS clients’ release from immigration detention. It does not comprehensively describe such arguments and strategies but is rather intended as a starting point, providing links to other resources where available.

The resource contains the following components:
● Part I: Immigration Detention Statutes and Current Agency Mandatory Detention Policies
● Part II: Potential Habeas Claims for SIJS Beneficiaries
● Part III: List of General Habeas Resources
● Part IV: List of Further Resources on Defending SIJS Youth
● Appendix: List of Recent Class Actions Challenging “Mandatory” Detention