The information in this blog post is current as of March 18, 2026.
With increased immigration enforcement and detention, many immigrant children and youth have also been impacted, including those who are detained at Office of Refugee Resettlement (ORR) shelters. Although unaccompanied children should be in the “least restrictive setting,” release from ORR shelters to a vetted sponsor has become more challenging. As a result, practitioners have needed to file habeas petitions to assist child clients and seek release from detention.
While CILA did not produce or work on this specific resource, CILA is sharing an example amicus brief template on behalf of the authors to help share the information and resources more widely. This resource was developed out of an amicus brief in support of an ORR habeas case filed by NYCLU and The Door. The resources shared include: a template brief, amended petition, reply, and the transcript from the United States District Court for the Southern District of New York hearing in EJCC v. Joyce, involving an immigrant youth.
The Young Center for Immigrant Children’s Rights, Children’s Defense Fund, Children’s Rights, EdTrust–New York, and the Kairos Center for Religion, Rights, and Social Justice, filed an amicus brief in support of the teen’s habeas petition. The brief was quoted from the bench by the federal judge in making the decision to release the teen. Following this success, the five amici and attorneys at Emery Celli Brinckerhoff Abady Ward & Maazel LLP who represented them created a template based on the brief, which they hope can be adapted to the facts of other cases of young people detained in immigration facilities in various jurisdictions.
CILA account holders can access the amicus brief template and related materials here. Alternatively, advocates working on habeas proceedings can request these materials from the authors using this form.
These materials are intended for use by advocates in habeas proceedings documenting the harms of immigration detention on youth. This template is intended for educational and informational purposes only and is not intended as legal advice.
CILA has additional resources and recorded trainings available to learn about working with immigrant youth, habeas petitions, and more. These materials can be accessed by creating a CILA account. CILA also developed a Resource Index available to account holders providing a detailed list of written resources by topic. For example, CILA has developed these materials with additional information on these topics:
- CILA Pro Bono Guide: Working with Children and Youth in Immigration Cases (January 2026)
- CILA webinar: “Children’s Immigration Law: 2025 Roundup” (December 2025)
- CILA-NILA webinar: “Habeas Petitions for Unaccompanied Children” (July 2025) and CILA webinar: “Habeas Petitions for Unaccompanied Children Part Two” (October 2025)
- CILA, “FAQs: Who Regulates the Detention of Children Facing Deportation?” (October 2024)
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