SIJS Youth Are Being Detained and Deported: What Families Need to Know

What Is Happening to SIJS Youth?

Between January 20 and December 22, 2025, ICE detained 265 young people who hold Special Immigrant Juvenile Status (SIJS) and deported 132 of them, according to data the Department of Homeland Security provided to Senator Catherine Cortez Masto and reported by NBC News. These are young people who have been recognized by courts as victims of abuse, neglect, or abandonment and who have approved immigration petitions allowing them to seek green cards in the United States.

Additionally, DHS terminated deferred action for 990 SIJS recipients during the same period. Deferred action had been the primary protection keeping these young people safe from deportation while they waited in the EB-4 visa backlog for their green cards to become available.

More than 150,000 young people with approved SIJS petitions are currently waiting in that backlog. Many have been waiting for years. Until June 2025, a federal policy known as deferred action shielded them from removal and allowed them to obtain work permits. That protection has now been dismantled, and the consequences are already visible.

The Legal Background: How Did We Get Here?

Congress created the SIJS program in 1990 to protect immigrant children who have been abused, abandoned, or neglected by a parent and who cannot safely return to their home countries. The program provides a pathway to a green card through the EB-4 visa category.

For years, the wait for an EB-4 visa number has been long, sometimes spanning several years depending on the applicant's country of birth. During this wait, SIJS youth could not file their green card applications and existed in a kind of legal limbo: approved by USCIS as eligible for permanent residence, but unable to complete the process due to the backlog.

Starting in 2022, USCIS began granting deferred action to SIJS recipients with approved I-360 petitions who were waiting for visa availability. Deferred action is a discretionary decision not to pursue removal against someone. It also allowed SIJS youth to obtain work authorization while they waited. This was a significant protection for a vulnerable population.

June 2025: Deferred Action Terminated

In June 2025, the Trump administration ended the deferred action policy for SIJS recipients. This meant that young people who had been living and working under deferred action protections were suddenly exposed to the possibility of detention and deportation, even though their SIJS petitions had already been approved by USCIS.

November 2025: Federal Court Orders a Pause

In November 2025, a federal judge ordered the government to pause the termination of deferred action for SIJS recipients while the legal challenge continues in court. This was a meaningful development, and it remains the current legal posture of the case.

However, advocacy organizations have reported that despite the court order, ICE has continued to detain SIJS youth with no criminal histories and to terminate their deferred action with no notice or opportunity to respond. The gap between the court order and what is happening on the ground is a source of serious concern for attorneys and advocates working with this population.

Who Is Affected?

The young people affected by these changes share certain characteristics. They are under 21 (or were when they filed their petitions). A state court has found that they were abused, neglected, or abandoned by a parent. USCIS has reviewed their cases and approved their SIJS petitions, confirming their eligibility for a green card. They are waiting in the EB-4 visa backlog through no fault of their own.

Many of these young people came to the United States fleeing violence or exploitation. Many have built lives here: attending school, working (when authorized), and contributing to their communities. They followed the legal process and received approval from the federal government. The current situation places them at risk despite having done everything the law required of them.

What This Means for SIJS Applicants in Massachusetts

Massachusetts has a significant population of SIJS-eligible youth, particularly within the Brazilian, Haitian, and Central American communities. If you are caring for a young person who has an approved SIJS petition, or if you are a young person with SIJS yourself, the current enforcement environment requires careful attention.

Combined with the increase in ICE courthouse arrests across Massachusetts (over 614 in 2025, as we covered in a recent article), SIJS youth who have pending court matters face compounded risks. This is particularly true in regions with high enforcement activity, including the Lynn, Lawrence, Framingham, Chelsea, and Boston areas.

Steps to Take Now

If you or a young person in your care has SIJS or a pending SIJS application, here is what you should do:

• Contact your immigration attorney immediately. If you do not have one, find one. Many legal aid organizations provide free representation to SIJS youth. Your attorney can review the current status of the deferred action court case and advise you on what protections, if any, apply to your specific situation.
• Gather your documents. Keep copies of your approved I-360 petition, any deferred action approval notices, work permits, court orders, and correspondence from USCIS in a safe, accessible place. If you are detained, your attorney will need these documents quickly.
• Create a safety plan. Identify a trusted adult who can act on behalf of a detained SIJS youth. This person should have copies of key documents and your attorney's contact information. If a minor is detained, the guardian should be prepared to assert the minor's rights.
• Know your rights. You have the right to remain silent if approached by ICE. You do not have to answer questions about your immigration status. You should not sign any documents without an attorney present. Ask to speak with a lawyer.
• Do not miss court dates or USCIS appointments. Failing to appear for a scheduled hearing or appointment can have severe consequences for your immigration case. Talk to your attorney about safety planning before any courthouse visit.
• Monitor the court case. The legal challenge to the deferred action termination is ongoing. Your attorney should be tracking developments and informing you of any changes that affect your case.

The Bigger Picture: Why SIJS Matters

SIJS exists because Congress recognized that children who have suffered abuse, neglect, or abandonment deserve protection. These are among the most vulnerable immigrants in the system. A state court has already examined their circumstances and found that returning them to their parents or home countries would be harmful. The federal government has reviewed their cases and agreed they qualify for permanent residence.

The current enforcement actions against SIJS youth represent a significant shift. Young people who went through the legal process, who were approved by USCIS, and who were told they could remain in the country while waiting for their green cards are now being detained and deported. The court case challenging these actions is ongoing, and its outcome will have direct consequences for tens of thousands of young people across the country.

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