Special Immigrant Juvenile Status: Hope to 700k Children Seeking Safety in the U.S.

Jennifer C. Johnson | 08.20.24

Within the last 10 years alone, an estimated 700,000 children – some as young as 6 or 7 – have made the arduous journey across the U.S. border.¹ What compels these young individuals to brave such perilous voyages, and what realities await them upon reaching the United States?

Here are some insights to consider.

Children fleeing their home countries are often driven by a desperate mix of crushing poverty, brutal government violence, and the failure of their governments to protect them from violent nonstate actors and persecution. Parents make these harrowing decisions for their children’s survival. Facing difficult choices and driven by trepidation and steadfast hope, families risk everything in their quest for safety in the United States.²

When children enter the U.S. without their parents, they’re placed under the care of the Unaccompanied Children (UC) Program. This program is run by the Office of Refugee Resettlement (ORR) of the Administration for Children and Families (ACF), a division of the U.S. Department of Health and Human Services (HHS).

The UC program works to connect children with family members in the U.S. If they don’t have family available, the program searches for a suitable sponsor. After leaving the detention facility, children in the UC program receive age-appropriate care and support in one of the 289 ORR-funded facilities and programs across 29 states while suitable sponsors are sought for relocation.³

After a child is in the care of their sponsor, they still lack official immigration status. This means that as they reach adulthood, they will not have the legal status to obtain a driver’s license, gain legal employment, or access public benefits.

One option for these children to gain status in the U.S. is by applying for Special Immigrant Juvenile Status (SIJS).⁴

SIJS was established by Congress in 1990 to offer protection to vulnerable immigrant children in the U.S. who have endured abuse, abandonment, or neglect. Serving as a humanitarian form of relief, it acknowledges the distinctive vulnerabilities of children and strives to guarantee their safety and welfare while in the U.S.⁵

Who is Eligible to Apply for SIJS

To qualify for SIJS, a child must fulfill the following conditions:⁶

• Age: SIJS is exclusively for children below 21 years old at the time of application.

• Unmarried status: The child must not be married, as SIJS does not apply to married individuals.

• Dependency declaration by a juvenile court: The child must be declared dependent on a juvenile court in the U.S. or eligible for long-term foster care due to parental abuse, abandonment, or neglect.

• Inability to reunite with parents: The juvenile court must determine that it is not in the child’s best interest to reunite with one or both parents due to reasons such as abuse, abandonment, neglect, or adverse conditions in their home country.

• Possession of a valid SIJS order: Following the court’s decision, the child can apply for SIJS with the U.S. Citizenship and Immigration Services (USCIS) to secure lawful permanent residency.

The SIJS Application Process for Wisconsin

Obtaining SIJS status is a multistep process. Applicants must first obtain a family court order followed by an application to USCIS. This process is different in each state. For this article’s purposes, we focus the process in Wisconsin:

Obtain a family court order. The first step in the SIJS application process is obtaining a family court order from the circuit court in the county where the child resides. This can be achieved through various avenues, such as involvement in Wisconsin’s foster care system or similar juvenile proceedings like CHIPS, JIPS, or TPR, as well as Wis. Stat. sections 48 and 54 guardianships for cases where one parent is awarded sole custody.⁷

Using one of these methods, the child attends a hearing where the judge evaluates their eligibility for SIJS. If eligible, the judge issues a court order declaring the child dependent on the court or legally committed to an agency, department, or individual appointed by the state court, while also determining that reunification with one or both parents is not in the child’s best interest. Once the court order is obtained then they can proceed with the application process under USCIS for an SIJS.

File Form I‑360 Special Immigrant: Next, submit Form I‑360, Petition for Amerasian, Widow(er), or Special Immigrant.⁸ After receiving the court’s necessary findings, the child can submit Form I‑360 to USCIS to apply for SIJS. Alongside the petition, the child must provide evidence of the court’s findings, proof of age, and any additional supporting documents as requested by USCIS.⁹

Attend a USCIS Interview: Upon receipt of the SIJS petition, USCIS may schedule an interview for the child at a USCIS field office. During this interview, a USCIS officer will assess the child’s application and ask questions to confirm their eligibility.¹⁰

Receive Decision from USCIS: After reviewing the SIJS petition and conducting any necessary interviews, USCIS will approve or deny on the child’s application.¹¹ If approved, the child can apply for an adjustment of status from an SIJS visa to become a registered permanent resident, also known as obtaining a green card.¹²

Benefits of SIJS Status

SIJS recipients receive these key benefits:¹³

Protection from deportation: Once a child is granted SIJS, they are shielded from deportation and can reside in the U.S. indefinitely, providing them with stability and security.

Work authorization: SIJS recipients can apply for work authorization, enabling them to legally seek employment in the U.S., contribute to their communities, and become financially self-sufficient. This is particularly important after the children reach the age of 18.

Access to government benefits: SIJS recipients are eligible for certain government benefits, including health care, education, in-state tuition, and social services, ensuring they have access to essential resources for their well-being and development.

Pathway to citizenship: Holding SIJS status opens a pathway to U.S. citizenship. After SIJS is approved, the child can then apply for lawful permanent resident status.¹⁴

Family reunification: SIJS not only benefits the child who receives it, but also facilitates family reunification. Children granted SIJS who adjust their status to hold a green card can then petition for other family members to join them in the U.S. through family-based immigration petitions.¹⁵

Imperfections and Considerations of SIJS

SIJS undeniably offers vital protection for vulnerable children, yet the path to obtaining it is complex. Securing SIJS demands specialized expertise, usually from a seasoned immigration and family law attorney – a significant financial investment. Moreover, there are no guarantees of USCIS approval, adding uncertainty to an already complex process.

USCIS can deny an SIJS application. When this happens, the denial must be issued in writing with reasons for the decision. USCIS must notify the attorney and the applicant of the right to appeal to the Associate Commissioner of Examinations. A denial of an SIJS may also result in the child being placed in removal proceedings with a notice to appear at the Executive Office for Immigration Review, also widely known as the immigration court. It’s important to remember that a USCIS denial of an I‑360 may be erroneous, as denials are frequently overturned on appeal.¹⁶

Furthermore, the yearly limitation on SIJS visas results in waiting lists, particularly disadvantaging applicants from specific countries or regions. Delays and backlogs in USCIS processing further compound the challenges, extending the waiting period for adjudication by years.¹⁷

USCIS and the immigration court have jurisdiction over different parts of the case, with only USCIS able to decide the SIJS petition, so all appeals go to the USCIS Administrative Appeals Office.

Even after successfully obtaining SIJS, ongoing legal support remains imperative. This includes tasks such as adjusting status to obtain a green card, renewing documentation, and eventually naturalizing to become a U.S. citizen.

Given evolving legal complexities, this follow- up is essential for ensuring the child’s stability and permanence in the U.S.

Despite the risks, seeking SIJS offers a concrete avenue for maintaining legal status while simultaneously embarking on the path toward citizenship, unlocking previously inaccessible opportunities for these children.

Other Options are Severely Limited

If these children are unable to pursue Special Immigrant Juvenile Status (SIJS), their options become severely limited – a discussion that exceeds the scope of this article.

As they reach adulthood, they confront an ongoing uncertainty about their legal status, compounded by tangible financial and legal consequences of lacking official status, employment authorization, or a driver’s license.

The stark truth is that as these children mature, they will inevitably seek employment and transportation, regardless of their legal status. Yet, if they pursue these necessities unlawfully, they become ensnared in a system subjecting them to grave risks.

Confronted with scant alternatives, individuals lacking legal status frequently turn to unauthorized employment, placing themselves at the mercy of unscrupulous employers who impose substandard working conditions, and unfair pay and treatment. Simultaneously, they grapple with the complexities of tax obligations in Wisconsin, despite their lack of legal status.

Additionally, driving without a license becomes a necessity for accessing vital services, further exposing them to legal ramifications when stopped by law enforcement. Each encounter with police must be disclosed during subsequent immigration proceedings with USCIS or the EOIR, compounding their legal challenges and vulnerabilities.

Immigration Attorneys Are Vital

Amid the overwhelming surge of unaccompanied children arriving at the U.S. border, the Wisconsin court system must recognize the crucial role immigration attorneys play in safeguarding the rights and future of these minors.

Acknowledging this is vital to ensuring their path to self-sufficiency and meaningful societal contribution. Consulting with an immigration attorney should be seen as an essential component alongside educational, mental health, and physical well-being initiatives.

These children, already within our borders and reliant on Wisconsin-funded programs, need a forward-thinking approach from our court system and policymakers. Providing immigration legal support is crucial for their holistic development, ensuring their safety, security, and smooth integration into American society. This support will help them become fully empowered adults.

These children will inevitably become part of U.S. society. We can help to ensure their integration is successful and enriches our community. By nurturing their potential, we break the cycle of exclusion and alienation, fostering a society of growth and inclusion.