This article was originally published by Documented, an independent, non-profit newsroom dedicated to reporting with and for immigrant communities in New York City.
Across the country, thousands of immigrants have been arrested on the street and in immigration courts as part of Trump’s mass deportation agenda. In the New York metro area, including Long Island and New Jersey, these arrests have predominantly impacted immigrants from Latin American countries, according to a recent investigation by THE CITY.
The report reviewed more than 1,200 lawsuits filed against the federal government by detainees. THE CITY found that 93% of people who were arrested on the streets were from Latin American countries — although Latinos make up only 66% of immigrants without documentation in the region. Court documents show that some were detained while picking up their children from soccer practice, walking to buy milk, or while taking out trash.
The families impacted by these arrests have turned to habeas corpus petitions, an important legal tool for families to challenge the legality of a detention before a judge. These petitions are filed in federal courts, and in many cases have led to the release of immigrants who were detained by ICE.
The speed at which a habeas petition is filed can be crucial, sometimes preventing transfers of detained family members to other states, where legal assistance could be difficult to obtain.
Although attorneys generally recommend seeking legal assistance before filing a habeas petition, courts may allow “next friends” — family members or others with significant relationships to the detainee — to file pro se petitions on behalf of detained immigrants without an attorney. Here is what you need to know about “next friend” petitions.
Read our guide to learn more about habeas corpus petitions: What is Habeas Corpus? Learn About the Legal Tool Immigrants Are Using to Challenge Detention
This information is not a substitute for legal advice from a qualified attorney or accredited representative.
Who is considered a next friend?
For the purposes of filing a habeas petition, a “next friend” is a third party who can pursue legal claims on behalf of someone who is detained and who cannot pursue their case in court. This includes a family member, friend, or a third party who has the best interests of the person detained.
“They [the courts] understand that the person detained is not going to be able to get the paperwork to sign and file it by themselves,” said Jack Hsia, senior attorney at the Chinese-American Planning Council (CPC). Hsia added that it is preferable that someone who knows the detainee — like a family member or close friend — file the petition.
To file a petition as a next friend, a person generally must establish that:
- The detained person is unable to appear on their own behalf due to mental incompetence, inaccessibility, or another similar disability; and
- The proposed next friend has a significant relationship with the detained person and is truly dedicated to that person’s best interests.
Significant relationships may include a long-term domestic partner, legal guardian, conservator, or an attorney or representative who currently represents — or has previously represented — the detained person.
Habeas corpus petitions challenging immigration detention are generally filed in the federal district court that has jurisdiction over the place of detention. Hsia added that the procedures for next friend petitions vary from district to district.
In the Southern District of New York, for example, the court says that “although a significant relationship with the real party in interest is relevant to the appointment of a next friend, it is neither required nor dispositive.”
What does a next friend petition not do?
Submitting a petition does not guarantee the release of a detainee, and the courts can also reject “next friend” petitions if it fails to establish the significant relationship requirement.
Visit this explainer by the National Immigration Project has compiled to learn more about pro se filing, and annotated illustrations on how to file a petition.
Prepare in advance
If you are worried about your loved one being unlawfully detained and are considering filing a pro se habeas petition, Documented compiled a list of steps to prepare in advance. It includes what documents to keep handy, as well as how to establish a power of attorney for someone to make decisions on your behalf.
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The post How ‘Next Friend’ Habeas Petitions Work for Immigrants in ICE Custody appeared first on THE CITY – NYC News.
