Two brothers with a special immigration status for abused, abandoned or neglected unaccompanied minors must be released from a Virginia ICE detention facility, a judge ruled.
The brothers, 19 and 20, came to the United States from El Salvador as minors. Their circumstances qualified them to apply for Special Immigrant Juvenile Status, a pathway to citizenship established 40 years ago by Congress for vulnerable minors who entered the U.S. and were abused, abandoned or neglected.
In August, the brothers were picked up by an immigration patrol in Newport News. They have spent over two months at Farmville Detention Center.
A federal class action lawsuit, which names the brothers as plaintiffs, was filed by the ACLU of Virginia in the Eastern District of Virginia in September on behalf of four young people who had applied for or been granted Special Immigrant Juvenile Status. The complaint argues that their detention and those in similar circumstances is unlawful.
In response, the Trump administration argued unsuccessfully that the immigrants do not have constitutionally protected due process rights.
Judge Anthony J. Trenga ruled Nov. 5 that the plaintiffs have the right to a bond hearing. The brothers were ordered released from custody by an immigration judge Monday, and will be out as early as Tuesday.
“Federal law says they have every legal right to be in the United States, and that ICE should never have put them in a detention center. Now they will finally be freed from detention and reunited with each other,” said ACLU of Virginia Legal Director Eden Heilman.
Obtaining citizenship through Special Immigrant Juvenile Status is a long and difficult process. The Office of Refugee Resettlement must release the minor to a sponsor, who must get custody of the child from a state judge. That judge must determine that the child cannot go back to their country of origin. Only then can the child apply for Special Immigrant Juvenile Status, and then likely wait years for a visa. After obtaining a visa, the individual is able to apply for citizenship.
Unlike other immigrants, Special Immigrant Juvenile Status individuals are typically not subject to detention, according to the ACLU of Virginia.
“Our clients are following the rules they’ve been given to obtain citizenship. The federal judge’s ruling last week confirmed that ICE is not,” said ACLU of Virginia Senior Immigrants’ Rights Attorney Sophia Gregg.
One of the other plaintiffs received his visa while in detention. The fourth plaintiff has a bond hearing this week, and Gregg is hopeful that he will be released as well.
The class action suit remains ongoing.
Emma Rose Brown, 757-805-2256, emma.brown@virginiamedia.com
https://www.pilotonline.com/2025/11/11/ice-release-brothers/
