Michael Elden-Rooney wrote in Chalkbeat about the arrest and detention of a public high school student in New York City, which has spurred protests on the student’s behalf. He was attending a school for students learning English. His earnings after school were devoted to helping his mother and two younger siblings move out of a shelter and into an apartment. He entered the country legally. Mayor Eric Adams, who is indebted to Trump for pardoning him, has remained silent.

The campaign pushing for the release of a Bronx high school student arrested by immigration authorities last week continued to escalate with a new legal petition challenging the validity of his detention.

Attorneys for Dylan, 20, a native of Venezuela, made several moves Thursday they hope will slow, and ultimately stymie, the government’s efforts to fast-track his deportation following his arrest last week by Immigration and Customs Enforcement, or ICE, agents after a routine court date.

Dylan is the first known current New York City public school student to be detained by immigration authorities in President Donald Trump’s second term. In the days following Chalkbeat’s Monday report on Dylan’s arrest, his case has become national news and galvanized local efforts to oppose Trump’s immigration policies, including a rally Thursday on the steps of the city’s Education Department headquarters in lower Manhattan.

Dylan’s attorneys from the New York Legal Assistance Group, or NYLAG, filed a “habeas corpus” petition late Thursday night in federal court in Western Pennsylvania, where Dylan is being held, arguing that immigration officials violated his due process rights by preventing him from making full use of the court system. They assert that Dylan is ineligible for “expedited” deportation because he had legal permission to enter the country under a Biden-era humanitarian program.

Dylan’s arrest was part of a nationwide enforcement blitz where government lawyers move to dismiss migrants’ immigration cases, allowing authorities to arrest them on the spot and thrust them into a fast-tracked deportation process with fewer legal protections.

Officials from the Department of Homeland security did not immediately respond to a request for comment on the new legal petition. They previously criticized former President Joseph Biden’s policy allowing migrants like Dylan to enter the country and said “ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.”

For the first week of his detention, Dylan’s lawyers could not reach him because he was shuttled so rapidly between four different states, according to a NYLAG spokesperson and his mother, Raiza, whose last name is being withheld at her request to avoid retaliation.

His lawyers finally managed to make contact Wednesday morning — just in time to prepare him for an interview with an asylum officer about whether he has a “credible fear” of returning to Venezuela — a hurdle Dylan must clear to avoid immediate deportation.

The interview took place early Thursday morning, with no advance notice to Dylan’s lawyers. They were only able to get a lawyer patched into the interview after Raiza alerted them shortly before, according to one of the attorneys….

“Dylan’s arrest and ongoing detention cause him enormous and continued harm,” the filing alleges. “He has been ripped away from his high school studies, his work, and his mother and young siblings who rely on him.” The full-time student at ELLIS Prep, which caters to older newly arrived immigrants, has also been working part-time as a delivery worker, helping his mom and two younger siblings move out of a shelter and into their own apartment. 

His attorneys argue that Dylan’s arrest and detention have curtailed his ability to access the court system — a violation of the due process rights guaranteed to anyone in the U.S., regardless of immigration status. In addition to his asylum claim, Dylan is applying for Special Immigration Juvenile Status, a type of legal protection for youth under 21 who can’t be reunited with both parents (his father passed away years ago), according to the petition.

Dylan was scheduled to have a hearing in family court for that case Friday morning but was unlikely to be able to attend from detention — endangering his case, according to his attorneys.

The lawyers argue that Dylan was never eligible for “expedited removal” in the first place, since the procedure is not meant for people who were “admitted or paroled” into the country like Dylan was, according to federal immigration law.

Adding to the urgency of the situation is the fact that Dylan is facing severe gastrointestinal issues that doctors were still trying to diagnose when he was detained. “These specialists are currently in the process of assessing whether Dylan’s symptoms are the result of cancer or [Crohn’s] disease,” and recommended an “immediate in-person follow up appointment,” the filing states...

Meanwhile, Dylan’s case has continued to pick up public attention. An online fundraiser that launched Wednesday to help Dylan’s mom with expenses related to his legal case and caring for her two younger children had collected more than $27,000 by Friday morning.

And hundreds of supporters — including elected officials and city schools Chancellor Melissa Aviles-Ramos — rallied outside of the Education Department’s downtown Manhattan headquarters calling for his release.

Chants of “Free Dylan” echoed through the crowd of teachers union members, immigration advocates, students, and anti-Trump protesters.

“Dylan is a student, a worker, and part of our community. He did everything right, and still, ICE tore him away from his life and family in New York,” U.S. Rep. Nydia Velasquez said in a statement, the second federal elected official to publicly challenge Dylan’s detention.