Habeas Petition by DACA Recipient Detained by ICE Agents

Professor Ruthann Robson, City University of New York (CUNY) School of Law

A habeas petition filed in Ramirez Medina v. US Department of Homeland Security avers constitutional violations of procedural due process and substantive due process under the Fifth Amendment as well as unlawful seizure under the Fourth Amendment.

The petition comes amidst reported "raids" by Immigration and Customs Enforcement (ICE) across the country.  Ramirez, who is a 23 year old non-citizen, had been granted employment authorization under the Deferred Action for Childhood Arrivals (DACA) program in 2014, and it was renewed in 2016.  According to the allegations in the petition, he was not the target of ICE agents, but encountered them when the agents arrested his father.  When the ICE agents asked him if he was "legally here," Mr. Ramirez responded that was, relying on his employment authorization under DACA.  Nevertheless, as the petition alleges

ICE agents then took Mr. Ramirez to a processing center in Seattle, Washington. When he again informed them about his work permit, one of the ICE agents stated: “It doesn’t matter, because you weren’t born in this country.” At this point, the ICE agents had Mr. Ramirez’s wallet, which contained his work permit, which clearly identified him as a DACA recipient with a “C-33” code, which reflects a work authorization issued pursuant to DACA. Despite this fact, Mr. Ramirez was questioned further, fingerprinted, booked, and taken to a detention center in Tacoma, Washington.

image: ICE agent making arrest via

The first count argues that the detention (apparently still continuing) is a violation of procedural due process rights.  Ramirez alleges an interest in his liberty, but also alleges a property interest by virtue of the promises made in the DACA program.  Thus, the Matthews v. Eldridge balancing test should apply, affording Ramirez both notice and hearing, as well as application of the extant policies - - - which provide he should not be detained - - - given his DACA status.  The second count of substantive due process alleges that Ramirez's liberty is a fundamental interest of which he has been wrongly deprived.  And lastly, the Fourth Amendment claim alleges an absence of probable cause for his arrest.

The Western District of Washington Magistrate has set a hearing for the morning of Friday, February 17, with briefs due the previous day.  The Magistrate has ordered the brief of DHS to answer, with an opportunity for Ramirez to respond, to the following questions:

• a. Is petitioner still detained? What is the basis for his detention, given that he has been granted deferred action under the Deferred Action for Childhood Arrivals program?
• b. Has petitioner been placed in removal proceedings? What was the result of ICE’s initial custody determination? Has petitioner requested a bond hearing before an Immigration Judge? When is any bond hearing scheduled to occur?
• c. Does the Court have the authority to order an Immigration Judge and the Board of Immigration Appeals to consider any challenge to petitioner’s detention status on an expedited basis?
• d. If petitioner is still detained and removal proceedings have not been initiated against him, what is the basis for ICE’s authority to detain him? What limitations are there, if any, on the Court’s ability to hold a detention hearing for petitioner before the merits of his habeas petition have been decided?