When I tell friends and family that I am a practicing immigration attorney, they often have questions because they see news stories about refugees crossing the border, and the lines of refugees waiting in front of immigration courts. The fact is that immigration laws are constantly in flux, heavily influenced by Administration policies and court decisions. Regardless of political beliefs, most people become extremely empathetic to the plight of refugees when they hear that the majority are crime victims. They become even more empathetic when they hear that some of the crime victims are children, and almost unanimously agree that young people should be afforded the opportunity to move forward and contribute to our society. In response to this sentiment, immigration programs like Deferred Action for Childhood Arrivals (DACA) and Special Immigration Juvenile Status (SIJ) were proposed. While the future of DACA is uncertain, and topic of another discussion, Special Immigration Juvenile status has thankfully remained intact since its inception in 1990, and subsequent expansion in 2008.
Special Immigration Juvenile status is a form of immigration relief designed for young people under the age of 21 years old who have been abused, neglected or abandoned by one or more of their parents. These young people fall within the jurisdiction of state Family Courts, and guardianship proceedings can be held to decide a residential placement that serves the young person’s best interests. A caring, concerned and competent adult over the age of 21 years of age files a guardianship petition with their local Family Court, which culminates in the presiding judge signing two orders: 1) an Order appointing Guardianship of the young person and 2) a “Special Findings Order,” which states that the young person should stay in the United States with their proposed guardian. In my experience, most guardians appointed are the children’s non-offending parent. The Family Courts are usually not concerned with the guardian’s immigration status, but must determine that placement in the guardian’s home is in the best interests of the child. After Family Court proceedings, the Orders and supporting documentation including the child’s birth certificate are sent to United States Citizenship and Immigration Services (USCIS), who finds that the child is eligible for Special Immigrant Juvenile status. Based upon this finding, the child can obtain work authorization and permanent residence (a “green card”).
I started doing Special Immigrant Juvenile status cases in 2017, and find it extremely rewarding. These young people have overwhelmingly survived tragic childhoods filled with abandonment, abuse and loss. Many have crossed the United States/ Texas border unaccompanied, but maintain a strong desire to move forward and provide for themselves and their families. They want to learn English, acclimate to the “American society,” and overwhelmingly do. Since starting my current position at Empire Justice Center in March 2020, I have assisted forty-eight young people obtain Special Immigrant Juvenile status and they all have amazing stories. These stories include, but are not limited to, a young person temporarily moving in with his cousin (guardian) after his parents became disabled, obtaining SIJ, and enrolling in college in order to study physical therapy in order to help other disabled individuals; a young person who became a target of gang violence because a rival gang member sought revenge for his father’s actions stating that he wanted to be a lawyer so he could help others in his situation; and a 19-year-old victim of sexual abuse simultaneously enrolling in a nursing program at a local college and becoming a rape crisis counselor. The clients with whom I worked were between 2 years old to two days old and 21 years old. I have seen young people financially assist their families, attend college and live the “American dream.” Through watching these young people and their families, I truly believe that still exists.