WESTERN NEW YORK – The New York Civil Liberties Union (NYCLU), Prisoners’ Legal Services of New York (PLS), and Robert F. Kennedy Human Rights filed an urgent preliminary injunction on behalf of Oliver Mata Velazquez, a 19-year-old who was illegally arrested and detained by U.S. Immigration and Customs Enforcement (ICE) agents when appearing for a scheduled court hearing in Buffalo earlier this month. Despite entering the United States legally, having no criminal history, and complying with all government orders, ICE detained Oliver, and is attempting to deny him access to immigration court by fast tracking his deportation. 

The organizations filed an emergency habeas on Friday evening, following the government’s attempts to fast track Oliver’s deportation before he could access the courts. Soon after the filing, the Court issued an order prohibiting the government from moving him away from New York. Now, through this preliminary injunction motion, Oliver asks the Court for his immediate release, arguing that ICE’s policy of detaining people who attend court hearings is unlawful under the Due Process Clause, the Fourth Amendment, and the Administrative Procedure Act.

“ICE’s effort to meet its mass deportation quotas by arresting people who are showing up for mandated immigration hearings is a gross violation of justice,” said Amy Belsher, Director of Immigrants’ Rights Litigation at the NYCLU. “Oliver was doing exactly what the government asked of him by showing up to court and pursuing a legal pathway to citizenship. For the Trump administration to punish him or anyone else for following the rules turns our courthouses into traps, not places of justice. We are all less safe when people are scared to follow the law.”

“ICE’s actions in this case needlessly and illegally took a young person away from his family, his job and our community,” said Jillian Nowak, Managing Attorney of the Immigration Unit at PLS. “When ICE agents engage in this type of behavior on behalf of the U.S. Government, it does nothing other than to spread fear throughout our communities and discourage people, like our client Mr. Velazquez, from pursuing lawful status in the United States.”

“When masked federal ICE agents are indiscriminately arresting immigrants and citizens alike in workplaces, homes, and schools, free and equal access to courts is vital for protection of everyone’s rights,” said Anthony Enriquez, Vice President of U.S. Advocacy and Litigation at RFK Human Rights. “Punishing people for showing up to court isn’t just wrong. It’s a dangerous tactic to cover up ICE agent abuses.”

Over the past couple weeks, ICE officers have arrested hundreds of individuals attending mandatory court appointments across the state. This includes Dylan, a high schooler from the Bronx who ICE arrested when attending a routine court date, another student in New York City, and more.

For all case materials, please see here.