Abused and neglected youths granted immigration protections are being detained and deported
Abused and neglected youths eligible for green cards are being detained and deported
Young immigrants who endured abuse or abandonment in their home countries were given a pathway to legal residency under the Special Immigrant Juvenile Status (SIJS) program. However, the Trump administration has since detained and deported many of these children. According to a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., between January 20 and December 22 of last year, Immigration and Customs Enforcement (ICE) held 265 and deported 132 minors with SIJS.
Legal protections under threat
Established in 1990, SIJS aims to safeguard immigrant children who have suffered abuse, abandonment, or neglect. These youths can apply for green cards once they reach 21 years of age. Due to processing delays, the program also provided deferred action to protect SIJS holders from deportation while they awaited visa approvals. This policy, however, was terminated by the Trump administration in June, though it remains paused as a court case unfolds.
“They are tearing them away from the stability that they’re in, the lives that they’re building on their pathway to permanent protection,” said Rachel Davidson, director of the End SIJS Backlog Coalition.
The Department of Homeland Security (DHS) claimed SIJS does not grant lawful status. It cited fraud and abuse, alleging that adult gang members were admitted under the Biden administration. Sen. Cortez Masto emphasized that these youths were chosen for their escape from “horrific conditions” abroad. “We do not want them to be further harmed or exploited in our country,” she stated, highlighting the legal provisions meant to protect their interests.
“We have specifically identified them because they are fleeing their countries in horrific conditions,” Cortez Masto explained to NBC News.
Emma Israel, a policy analyst at Kids in Need of Defense, noted the deportation numbers were “much higher than we expected.” The DHS listed immigration violations—such as being in the U.S. without proper entry or visa issues—as reasons for removal. Federal records do not specify whether any of the detained youths faced criminal charges or convictions.
A legal battle in progress
Elias, a 16-year-old, was granted SIJS in July 2024 after enduring “severe physical and emotional abuse and neglect at the hands of his mother,” as documented in court filings. He was sent to live with his father and relatives in Louisiana, where he was briefly detained by ICE in April and ordered to return to Guatemala in May. Despite his SIJS status, he was deported without a formal removal order, held in a hotel room for about 12 hours.
“ICE’s actions were a flagrant violation of federal law and Elias’ constitutional rights,” stated the National Immigration Project, which filed a lawsuit in November.
The National Immigration Project also highlighted that Elias was not allowed contact with his attorney during the process. While the DHS asserted that Elias was “NOT illegally removed” and that his father chose to return to Guatemala with him, his case remains unresolved. Meanwhile, other children with SIJS continue to face similar risks under ICE custody.
