Latest news with #StephanieHaines
Yahoo
3 days ago
- Health
- Yahoo
New diagnosis poses serious risk to NYC public school student detained by ICE, his lawyers say
NEW YORK — Bronx public school student Dylan, who was detained by federal authorities at a recent immigration hearing, received a medical diagnosis over the weekend that his lawyers believe should have required his immediate release. Worse yet, for days after learning of his diagnosis, Dylan's legal team at the New York Legal Assistance Group was unable to reach him until Monday, according to new filings in a federal court case known as a 'habeas corpus' petition, where he is challenging his detention as unlawful. Dylan, 20-year-old Venezuelan, is currently being held in Pennsylvania. At a conference Monday afternoon, U.S. District Judge Stephanie Haines in Pennsylvania denied Dylan's emergency motion, though his lawyers said they were told they could refile after the court and federal government review the medical records. His broader case challenging his detention remains ongoing. 'While we are disappointed with today's decision by the judge, we remain unwavering in our determination to fight for justice, due process and to bring Dylan home as soon as humanly possible,' said a NYLAG spokesperson. Dylan had been receiving medical tests for gastrointestinal issues that could be symptoms of Crohn's disease or cancer at the time he was detained, the Daily News previously reported. His medical records and other sensitive health information were put under seal on Monday. 'It would be profoundly unfair, and irreversible, if prolonging this unlawful detention causes further and possibly very serious harm to this young man's health at an exceptionally delicate point in his medical history,' Dylan's filings continued. Immigration cases are not available to the public, and his last name is being withheld per his family's request. Separately, the city's Law Department made a motion to file an amicus brief on Monday, insisting the manner in which Dylan was arrested at a routine court hearing on May 21 could deter people from accessing the court system. 'The implications threaten to reach well beyond the immigration arena and reach the countless other matters affecting public welfare that require our residents to appear in court every day,' read the city's filing in support of Dylan. In a statement alongside the brief, Mayor Eric Adams added Dylan was going through the legal process to be allowed to work, and accessed a public center helping migrants avoid city shelters and become independent. 'But instead of being rewarded for following the law, he was punished for doing what we all asked him to do,' Adams said. DHS did not return a request for comment on Monday afternoon but last week condemned a Biden-era asylum process that allowed immigrants like Dylan to enter the country with a notice to appear before a judge. The agency claimed President Donald Trump has gone back to following the law and that the student and others in his position should have faced expedited removal from the beginning. 'If individuals have a valid credible-fear claim, they will continue in immigration proceedings,' officials said in a statement, 'but if no valid claim is found, aliens will be subject to a swift deportation.' He has since notched a win in the process when he passed DHS's credible fear interview, meaning he will not be deported immediately and can bring his case back before an immigration judge — the process he was undertaking when he was suddenly arrested. Dylan, a student at Ellis Prep High School, is pursuing a pathway to a green card. He has no criminal record. His detention has struck a chord with New York politicians and advocates, who turned out last week en masse to protest his detention and Adams' relative silence on his arrest before the amicus brief filed Monday. _____
Yahoo
3 days ago
- Health
- Yahoo
New diagnosis poses serious risk to NYC public school student detained by ICE, his lawyers say
NEW YORK — Bronx public school student Dylan, who was detained by federal authorities at a recent immigration hearing, received a medical diagnosis over the weekend that his lawyers believe should have required his immediate release. Worse yet, for days after learning of his diagnosis, Dylan's legal team at the New York Legal Assistance Group was unable to reach him until Monday, according to new filings in a federal court case known as a 'habeas corpus' petition, where he is challenging his detention as unlawful. Dylan, 20-year-old Venezuelan, is currently being held in Pennsylvania. At a conference Monday afternoon, U.S. District Judge Stephanie Haines in Pennsylvania denied Dylan's emergency motion, though his lawyers said they were told they could refile after the court and federal government review the medical records. His broader case challenging his detention remains ongoing. 'While we are disappointed with today's decision by the judge, we remain unwavering in our determination to fight for justice, due process and to bring Dylan home as soon as humanly possible,' said a NYLAG spokesperson. Dylan had been receiving medical tests for gastrointestinal issues that could be symptoms of Crohn's disease or cancer at the time he was detained, the Daily News previously reported. His medical records and other sensitive health information were put under seal on Monday. 'It would be profoundly unfair, and irreversible, if prolonging this unlawful detention causes further and possibly very serious harm to this young man's health at an exceptionally delicate point in his medical history,' Dylan's filings continued. Immigration cases are not available to the public, and his last name is being withheld per his family's request. Separately, the city's Law Department made a motion to file an amicus brief on Monday, insisting the manner in which Dylan was arrested at a routine court hearing on May 21 could deter people from accessing the court system. 'The implications threaten to reach well beyond the immigration arena and reach the countless other matters affecting public welfare that require our residents to appear in court every day,' read the city's filing in support of Dylan. In a statement alongside the brief, Mayor Eric Adams added Dylan was going through the legal process to be allowed to work, and accessed a public center helping migrants avoid city shelters and become independent. 'But instead of being rewarded for following the law, he was punished for doing what we all asked him to do,' Adams said. DHS did not return a request for comment on Monday afternoon but last week condemned a Biden-era asylum process that allowed immigrants like Dylan to enter the country with a notice to appear before a judge. The agency claimed President Donald Trump has gone back to following the law and that the student and others in his position should have faced expedited removal from the beginning. 'If individuals have a valid credible-fear claim, they will continue in immigration proceedings,' officials said in a statement, 'but if no valid claim is found, aliens will be subject to a swift deportation.' He has since notched a win in the process when he passed DHS's credible fear interview, meaning he will not be deported immediately and can bring his case back before an immigration judge — the process he was undertaking when he was suddenly arrested. Dylan, a student at Ellis Prep High School, is pursuing a pathway to a green card. He has no criminal record. His detention has struck a chord with New York politicians and advocates, who turned out last week en masse to protest his detention and Adams' relative silence on his arrest before the amicus brief filed Monday. _____
Telegraph
14-05-2025
- Politics
- Telegraph
First judge to allow Donald Trump to use wartime act to deport migrants
A judge in Pennsylvania has become the first in the country to allow Donald Trump to use a wartime act to deport alleged Venezuelan gang members. Stephanie L Haines, who was nominated to the US district court by Mr Trump in 2019, said the 1798 Alien Enemies Act did not require a foreign invasion to be invoked, as other judges have ruled. But she ruled the Trump administration's use of the legislation was 'constitutionally deficient' and that migrants designated for deportation should be given 21 days' notice and a chance to appeal the decision in court. Her decision marks a rare judicial victory for the US president, as judges in New York, South Texas, West Texas and Colorado concluded his use of the act was unlawful. Mr Trump has attempted to use the Alien Enemies Act since March to deport alleged members of Tren de Aragua (TdA), a Venezuelan gang which he has labelled a foreign terrorist organisation. It has only been used three times in the past, and never during peacetime: the War of 1812, between Britain and the US, the First World War, and the Second World War. But Judge Haines ruled on Tuesday the act 'does not require an 'invasion or predatory incursion' to be 'perpetrated, attempted or threatened against the territory of the United States by the military of any foreign nation or government''. The law was also intended to protect the US from attacks by pirates and robbers, she said, adding: 'The court cannot help but ask: Is a Foreign Terrorist Organization like TdA not the modern equivalent of a pirate or robber?' Her decision opens the door to summary deportations in her district of western Pennsylvania, and may also bode well if the judicial fight over the act heads to the Supreme Court, which is dominated by conservative justices. When Mr Trump invoked the act in March, he declared the gang represented a de facto invasion of the US by Venezuela because of its links to its president, Nicolas Maduro.
New York Post
14-05-2025
- Politics
- New York Post
Judge upholds Trump's authority to deport criminal migrants under Alien Enemies Act
A federal judge on Tuesday said the Trump administration can invoke the Alien Enemies Act (AEA) to deport criminal illegal immigrant members of the Venezuelan Tren De Aragua gang, but that it has not given adequate prior notice to those subject to removal, before those deportations can take place, which would allow possible due process and habeas legal challenges. The 43-page ruling by US District Judge Stephanie Haines, a Trump appointee, conflicts with other rulings challenging the administration's deportation efforts. Advertisement 'Having done its job, the Court now leaves it to the Political Branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will,' Haines wrote. Fox News Digital has reached out to the White House. Trump issued an executive order on March 14, 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua.' Tuesday's ruling was confined to Venezuelan aliens who are not naturalized or lawful permanent residents, 14 years or older, and have been specifically designated as part of a Foreign Terrorist Organization, specifically Tren de Aragua. Advertisement Earlier this month, another judge stated that he would not prevent the administration from deporting individuals in the US illegally but that the Alien Enemies Act could not be used as a basis to expel alleged gang members from the country. 3 Stephanie Haines serves as a judge in the United States District Court for the Western District of Pennsylvania. Western District of Pennsylvania 3 Surveillance video of alleged armed Tren de Aragua gang members at a residential building in Colorado went viral in August 2024. 3 Alleged members of the Venezuelan gang Tren de Aragua and the MS-13 gang were recently deported and imprisoned in El Salvador. via REUTERS Advertisement 'The question that this lawsuit presents is whether the President can utilize a specific statute, the AEA, to detain and remove Venezuelan aliens who are members of [Tren de Aragua]' U.S. District Court Judge Fernando Rodriguez Jr., another Trump appointee, wrote in his order. 'As to that question, the historical record renders clear that the president's invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms,' the order states.
Yahoo
14-05-2025
- Politics
- Yahoo
Judge upholds Trump's authority to deport criminal migrants under Alien Enemies Act
A federal judge on Tuesday said the Trump administration can invoke the Alien Enemies Act (AEA) to deport criminal illegal immigrant members of the Venezuelan Tren De Aragua gang, but that it has not given adequate prior notice to those subject to removal, before those deportations can take place, which would allow possible due process and habeas legal challenges. The 43-page ruling by U.S. District Judge Stephanie Haines, a Trump appointee, conflicts with other rulings challenging the administration's deportation efforts. Trump Admin Revokes 4K Foreign Students' Visas In First 100 Days, Nearly All With Serious Criminal Records "Having done its job, the Court now leaves it to the Political Branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will," Haines wrote. Fox News Digital has reached out to the White House. Trump issued an executive order on March 14, "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua." Read On The Fox News App Tuesday's ruling was confined to Venezuelan aliens who are not naturalized or lawful permanent residents, 14 years or older, and have been specifically designated as part of a Foreign Terrorist Organization, specifically Tren de Aragua. Noem Rips Democrats Over Support For Deported Migrant Earlier this month, another judge stated that he would not prevent the administration from deporting individuals in the U.S. illegally but that the Alien Enemies Act could not be used as a basis to expel alleged gang members from the country. "The question that this lawsuit presents is whether the President can utilize a specific statute, the AEA, to detain and remove Venezuelan aliens who are members of [Tren de Aragua]" U.S. District Court Judge Fernando Rodriguez Jr., another Trump appointee, wrote in his order. "As to that question, the historical record renders clear that the president's invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms," the order article source: Judge upholds Trump's authority to deport criminal migrants under Alien Enemies Act
