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ICE Arrests of Asian Immigrants Surge: What You Can Do

A 67-year-old Chinese man spent 11 months in ICE detention — transferred between two facilities, unable to speak to anyone in his language, and nearly losing hope of seeing his family again. His country refused to recognize him as a citizen. ICE kept holding him anyway. His story is not unique: arrests of Asian immigrants in New York City have surged to historic levels in 2026, and the legal safety net is stretched to its breaking point.

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ICE Arrests of Asian Immigrants Surge: What You Can Do

Between January 2025 and March 2026, ICE arrested 1,425 people in New York with Asian citizenship — a sevenfold increase compared to the same period under the previous administration, according to data from the nonprofit Stop AAPI Hate. Arrests of Chinese immigrants in New York City specifically rose by 1,044% since 2024. Arrests of Bangladeshi immigrants rose by 1,000%. Community organizations say they cannot keep up with the demand for legal help.

One man's 11 months in detention — and the law that freed him

L.C., a 67-year-old Chinese immigrant who has lived in the US without legal status since the 1990s, was arrested by ICE last April. He had no proper immigration documents — only an outdated Chinese national ID and a household registration record. China refused to confirm he was a citizen, so ICE could not deport him. But ICE kept holding him anyway, without hearings and without telling him how to get out. He was transferred from Pennsylvania's Moshannon Valley Processing Center to the Miami Correctional Facility in Indiana. After 11 months, attorney Jack Hsia of the Chinese-American Planning Council (CPC) filed a habeas corpus petition — a legal request asking a court to review whether someone's detention is lawful — under Zadvydas v. Davis, a 2001 Supreme Court ruling. That ruling says ICE generally cannot hold someone for more than about six months if deportation is not reasonably foreseeable. The petition worked. L.C. was released.

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Hsia says this ruling applies to many immigrants from Asian countries — including China, Vietnam, and Laos — especially those who arrived decades ago during periods of conflict or shifting borders and may no longer be recognized as citizens by their home countries. But knowing your rights means nothing if you cannot find a lawyer who speaks your language. CPC used funding from the RISE (Rapid Immigrant Support and Empowerment) Network — a coalition of 15 Asian-led community organizations in New York City — to hire its first in-house attorney who speaks both Mandarin and Spanish. In the past year, CPC conducted more than 2,000 Know Your Rights trainings, provided 300 legal consultations, and took on 100 cases.

Other RISE member organizations report similar surges. Homecrest Community Services in Brooklyn served 350 clients in all of fiscal year 2025 — but had already helped 555 clients by May 2026, exceeding its annual target by 255%. Korean Community Services helped a 53-year-old Korean green card holder named Kwon renew his green card after he faced a difficult choice: pay the renewal fee or keep his Medicaid coverage. With help from KCS, Kwon got a fee waiver and kept both. Advocates are now calling on the New York City Council to fund the RISE Network at $3.5 million in the FY2027 budget — up from $2 million last year — before the city's budget deadline at the end of June 2026.

What to do

  • If ICE arrests you or a family member: You have the right to remain silent and the right to speak with a lawyer. Do not sign any documents before speaking to an attorney. Contact a community organization like CPC or a local legal aid group immediately.
  • If you or someone you know has been held in detention for more than six months and deportation does not appear to be happening soon, ask a lawyer about filing a habeas corpus petition under Zadvydas v. Davis. This may apply especially to immigrants from countries that do not cooperate with US deportation orders.
  • If your green card is expiring and you cannot afford the renewal fee, ask a community organization about fee waivers. Organizations in the RISE Network and similar groups can help you apply and translate documents.
  • Attend a Know Your Rights training in your language before you face a problem. Many community organizations offer these for free. Find one through the Asian American Federation or a local immigrant services group.
Attorney's Advice on This Topic
Илья Фишкин — иммиграционный адвокат
Ilya Fishkin

Immigration attorney, 20+ years of experience

Fishkin Law Firm, New York

If a family member has been detained for more than roughly six months and their country of origin is not issuing travel documents, they may qualify for release under Zadvydas v. Davis — this is a real and enforceable right, not just a legal theory. Act quickly: file a habeas corpus petition in federal district court, because continued detention without a realistic deportation date is legally questionable. Do not wait for ICE to act on its own — consult an immigration attorney who has experience with prolonged detention cases as soon as possible.

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