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The campaign pushing for the release of a Bronx high school student continued to escalate with a 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鈥檚 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鈥檚 second term. In the days following , his case has become and galvanized local efforts to oppose Trump鈥檚 immigration policies, including a rally Thursday on the steps of the city鈥檚 Education Department headquarters in lower Manhattan.

Dylan鈥檚 attorneys from the New York Legal Assistance Group, or NYLAG, filed a 鈥渉abeas corpus鈥� 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 鈥渆xpedited鈥� deportation because he had legal permission to enter the country under a Biden-era humanitarian program.

Dylan鈥檚 arrest was part of a where government lawyers move to dismiss migrants鈥� 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鈥檚 policy allowing migrants like Dylan to enter the country and said 鈥淚CE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.鈥�

Legal case builds momentum after slow start

For the first week of his detention, Dylan鈥檚 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 鈥� just in time to prepare him for an interview with an asylum officer about whether he has a 鈥渃redible fear鈥� of returning to Venezuela 鈥� a hurdle Dylan must clear to avoid immediate deportation.

The interview took place early Thursday morning, with no advance notice to Dylan鈥檚 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.

A determination on that hearing could take several days or more. But even if Dylan prevails, he likely will not be immediately released, and will have to continue to litigate his asylum case from detention, according to his lawyers.

That鈥檚 why they also filed a habeas corpus petition Thursday night, asking a federal judge to order ICE to release Dylan immediately and to prevent him from being moved to any other detention sites.

鈥淒ylan鈥檚 arrest and ongoing detention cause him enormous and continued harm,鈥� the filing alleges. 鈥淗e has been ripped away from his high school studies, his work, and his mother and young siblings who rely on him.鈥� 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鈥檚 arrest and detention have curtailed his ability to access the court system 鈥� 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鈥檛 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 鈥� endangering his case, according to his attorneys.

The lawyers argue that Dylan was never eligible for 鈥渆xpedited removal鈥� in the first place, since the procedure is not meant for people who were 鈥渁dmitted or paroled鈥� 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. 鈥淭hese specialists are currently in the process of assessing whether Dylan鈥檚 symptoms are the result of cancer or [Crohn鈥檚] disease,鈥� and recommended an 鈥渋mmediate in-person follow up appointment,鈥� the filing states.

Trump administration officials suspending habeas corpus as part of their efforts to increase deportations, but legal experts say an act of Congress would be required to do so.

Dylan鈥檚 detention continues to draw widespread attention

Meanwhile, Dylan鈥檚 case has continued to pick up public attention. An that launched Wednesday to help Dylan鈥檚 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 鈥� including elected officials and city schools Chancellor Melissa Aviles-Ramos 鈥� rallied outside of the Education Department鈥檚 downtown Manhattan headquarters calling for his release.

Chants of 鈥淔ree Dylan鈥� echoed through the crowd of teachers union members, immigration advocates, students, and anti-Trump protesters.

鈥淒ylan 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,鈥� U.S. Rep. Nydia Velasquez said in a statement, the to publicly challenge Dylan鈥檚 detention.

Aviles-Ramos鈥檚 brief comments sought to reassure families that schools are safe and that the city school system 鈥渟tands firmly鈥� with its immigrant students, but offered few specifics.

Her presence at the rally was notable given Mayor Eric Adams鈥� refusal to speak out about Dylan鈥檚 case in recent days. Asked at a whether he had concerns about Dylan鈥檚 detention or whether he would push for his release, Adams repeatedly declined to weigh in.

On Friday, City Hall released a statement encouraging New Yorkers to not 鈥渓ive in fear鈥� and to continue using public resources, such as sending children to school or dialing 911 when they need help.

鈥淲hile the Adams administration had no involvement in the apprehension of Dylan, we are sad to learn of this incident 鈥� especially since Dylan was reportedly following the legal process to seek asylum when he was taken into custody,” the statement said.

Other speakers emphasized that even if schools themselves haven鈥檛 been targeted in ICE raids, immigration enforcement that sweeps up students elsewhere still has ripple effects that spread into schools.

鈥淥ur public schools are doing social work, they鈥檙e doing wraparound services,鈥� said Naveed Hasan, a Manhattan parent and member of the Panel for Educational Policy. 鈥淎nd that means that, while schools are safe鈥�the other places that are near schools, [on] the way to schools, have to be guaranteed as safe places.鈥�

Chalkbeat is a nonprofit news site covering educational change in public schools.

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