What Happened
On April 10, 2026, USCIS published policy memorandum PM-602-0198, formally ending the automatic consideration of deferred action for youth classified as Special Immigrant Juveniles (SIJ). The new policy takes effect 30 days from publication, around May 10, 2026.
Under the previous policy, created in 2022, SIJS youth with an approved Form I-360 petition who could not yet apply for a green card (because no immigrant visa number was available) were automatically considered for deferred action and work authorization. That protection allowed these young people to remain in the country lawfully and support themselves while waiting, sometimes for years, for a visa number to become current.
That automatic pathway is now gone. Going forward, SIJS youth who want deferred action will need to file an individual request and demonstrate on a case-by-case basis why they merit this protection.
Key Takeaway: If you are a caregiver or guardian of a young person with an approved SIJS petition, or if you are an SIJS youth yourself, you should speak with an immigration attorney immediately about how this change affects your specific situation and what steps you can take before the May 10 effective date.
Background: A Policy That Has Changed Multiple Times
The SIJS deferred action policy has been through several reversals over the past year, creating uncertainty for thousands of vulnerable young people.
In 2022, USCIS established a policy to automatically consider deferred action for SIJS-classified youth who were stuck waiting for visa availability. This was a significant protection: it meant that once a young person's I-360 petition was approved, USCIS would also evaluate whether to grant them deferred action (temporary protection from removal) and employment authorization (the ability to work legally) while they waited for a green card to become available.
In June 2025, USCIS rescinded that policy. Advocates and immigration attorneys challenged the rescission in court, and on November 19, 2025, a federal district judge in A.C.R., et al., v. Noem (Eastern District of New York) issued a stay, temporarily blocking the rescission and requiring USCIS to continue automatically considering deferred action for SIJS youth.
In January 2026, the court clarified the scope of its order, narrowing the group covered by the stay. Now, with PM-602-0198, USCIS has issued a new policy memorandum that terminates automatic consideration altogether, arguing that "government interests in rescinding the 2022 policy outweigh any such reliance interests" of affected youth.
Who Is Affected
This policy change primarily affects SIJS youth who have an approved I-360 petition but cannot yet apply for adjustment of status (a green card) because no immigrant visa number is available under the EB-4 category. Many of these young people are from countries with significant visa backlogs, meaning their wait for a green card can stretch for years.
During that waiting period, deferred action provided two critical protections: temporary protection from deportation and work authorization. Without automatic consideration, these youth face a gap in legal protection during what can be a very long wait.
If You Already Have Deferred Action
If you were previously granted deferred action based on your SIJ classification, you generally retain that protection and any associated work authorization until your current expiration date. The new policy does not retroactively revoke existing grants.
However, when your current deferred action period expires, you will no longer receive automatic renewal. You will need to submit a separate, individual request for deferred action, and USCIS will evaluate it on its own merits.
If You Have a Pending or Recently Approved I-360
If your I-360 was filed or approved recently, and you were expecting automatic deferred action consideration, that will no longer happen for requests filed on or after the effective date (approximately May 10, 2026). You should consult with an immigration attorney as soon as possible about filing a deferred action request before that date or preparing an individual request.
What This Means in Practice
For SIJS youth and their families, the practical impact of this change is significant. Here is what it means on the ground:
Greater burden on young applicants. Under the automatic policy, USCIS considered deferred action as part of the I-360 approval process. Now, youth must prepare and submit a separate request, documenting their individual circumstances and explaining why they deserve this protection. For young people who have already endured abuse, neglect, or abandonment, this adds another layer of legal complexity to an already difficult process.
Risk of losing work authorization. Many SIJS youth rely on the employment authorization that comes with deferred action to support themselves and contribute to their households. Without automatic consideration, some may lose work authorization when their current grants expire, leaving them unable to work legally during their wait for a green card.
Increased vulnerability to removal. Without deferred action, SIJS youth in the waiting period have less formal protection from deportation proceedings. While having an approved I-360 petition is a strong indicator that a person merits protection, it does not by itself prevent ICE from initiating removal proceedings.
Ongoing litigation may affect implementation. The legal challenges surrounding SIJS deferred action are ongoing. The A.C.R. v. Noem case remains active, and courts may issue further orders that affect how this new policy is applied. Immigration attorneys are monitoring these developments closely.
What You Should Do Now
If you or a young person in your care has SIJS classification or a pending I-360 petition, here are concrete steps to take:
- Contact an immigration attorney immediately. The 30-day window before this policy takes effect is critical. An attorney can advise you on whether to file a deferred action request before the effective date or prepare an individual request under the new framework.
- Gather documentation of your circumstances. If you need to file an individual deferred action request, you will need evidence supporting your case. This includes documentation of your SIJ findings, your living situation, your ties to the community, school enrollment, employment, and any other factors that demonstrate why deferred action is appropriate for you.
- Check the expiration date on your current deferred action and EAD. If you already have deferred action and work authorization, note when they expire. Begin preparing a renewal request well in advance of that date.
- Stay informed about court developments. The legal landscape around SIJS deferred action continues to shift. Follow updates from your attorney, from USCIS.gov, and from organizations like the American Immigration Lawyers Association (AILA) and the Children's Immigration Law Academy (CILA).
For Massachusetts families: If you are in Massachusetts and caring for a young person with SIJS classification, you can reach out to my office for a free consultation. I work with SIJS youth and their families throughout the state and can help you understand how this policy change applies to your specific situation.
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