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For many undocumented children in New York who’ve suffered abuse, neglect, or abandonment, Special Immigrant Juvenile Status (SIJS) offers a vital pathway to lawful immigration status. However, recent developments under the Trump Administration have introduced significant changes that affect how and when SIJS beneficiaries can receive relief.
This article explains the SIJS process starting from New York Family Court proceedings through USCIS petitioning and highlights the key changes introduced by the Trump Administration on June 6, 2025, including the elimination of automatic deferred action, a benefit previously offered under the Biden administration.
Keyword: Special Immigrant Juvenile Status (SIJS), Deferred Action, Work Permit, Trump Admin, Biden Admin
What Is Special Immigrant Juvenile Status (SIJS)?
A Humanitarian Relief for Abused, Neglected, or Abandoned Minors
SIJS is a federal immigration classification that allows certain undocumented minors in the U.S. to apply for lawful permanent residence if they are under 21, unmarried, and cannot reunify with one or both parents due to abuse, neglect, or abandonment, and if it is not in their best interest to return to their home country.
Step 1 – Obtaining a SIJS Order in New York Family Court
State-Level Predicate Findings
In New York, SIJS begins not with USCIS, but in Family Court. The young person must obtain a Special Findings Order, often through a guardianship and custody proceeding.
To qualify, the Family Court must find that:
- The minor is under 21
- The minor is unmarried
- The minor is dependent on the court
- Reunification with one or both parents is not viable due to abuse, neglect, or abandonment
- It is not in the child’s best interest to return to their country of origin
These findings must be included in a detailed court order, accompanied by evidence and legal memoranda in many cases.
Step 2 – Filing Form I-360 with USCIS
The SIJS Petition Process
After securing the predicate order from Family Court, the child (or their guardian or attorney) can file Form I-360 with U.S. Citizenship and Immigration Services (USCIS). Supporting documents must include:
- Certified Family Court order with SIJS findings
- Proof of age (e.g., birth certificate)
- Proof of guardianship or dependency
- Additional evidence if applicable
Once filed, USCIS will adjudicate the petition. If approved, the child becomes classified as a Special Immigrant Juvenile — but that’s only half the battle.
Step 3 – The Visa Backlog and Waiting for a Green Card
A Growing Challenge for Many
Unlike asylum or some family petitions, SIJS is subject to visa availability under the employment-based fourth preference (EB-4) category. Due to high demand, wait times for SIJS green cards have become significantly delayed.
Previously, the backlog was manageable, but in recent years, and particularly during Biden’s term, priority dates retrogressed sharply, leaving approved SIJS recipients in limbo.
Biden’s Policy – Deferred Action for SIJS Recipients
A Temporary Safety Net for Youths in Limbo
To address the growing backlog, the Biden Administration introduced a policy in 2022 granting automatic consideration for deferred action to SIJS recipients upon approval of their I-360.
If granted, deferred action:
- Offered temporary protection from deportation
- Allowed applicants to apply for work authorization (EAD)
- Provided a form of humanitarian relief while waiting for a green card
This policy was a lifeline for thousands of SIJS recipients caught in visa backlogs with no protection from removal.
June 6, 2025 – Trump Administration Ends Automatic Deferred Action
Major Policy Reversal Hits Vulnerable Youths
On June 6, 2025, the Trump Administration issued a new policy memo eliminating automatic consideration of deferred action for SIJS recipients. This means:
- New SIJS applicants will no longer be automatically considered for deferred action
- They must now affirmatively request it or risk being left unprotected
- Work permits tied to deferred action may not be available for newly approved cases
This change disproportionately affects young immigrants stuck in visa backlogs, stripping them of the only protection and ability to work legally in the U.S.
What Happens to Existing Deferred Action Recipients?
Status Is Preserved – For Now
If a SIJS recipient was granted deferred action under the Biden-era policy before June 6, 2025, they will retain their protection and work permit until:
- The expiration date of their EAD or deferred action
- Deferred action is explicitly terminated by USCIS
There is no automatic revocation.
Conclusion: What Can You Do Now?
Young immigrants in New York applying for SIJS face more challenges than ever under the Trump Administration. While the path remains open, the loss of automatic deferred action removes a critical safeguard during long visa wait times.
If you or someone you know is seeking SIJS or has questions about deferred action, now is the time to speak to a qualified immigration attorney.
At Z&W Law Firm, we specialize in juvenile immigration matters and can help you:
- File for SIJS in Family Court and with USCIS
- Explore alternatives for work permits and removal protection
- Track your visa priority date and stay informed of policy changes
