URGENT ADVISORY REGARDING THE TERMINATION OF THE SPECIAL IMMIGRANT JUVENILE STATUS DEFERRED ACTION POLICY

DATE: June 7, 2025

The United States Citizenship and Immigration Services (USCIS) issued a significant policy change on June 6, 2025.

Termination of SIJS Deferred Action. USCIS has terminated its policy of granting deferred action to individuals with approved Special Immigrant Juvenile Status (SIJS) petitions awaiting a visa. This change was announced in a USCIS Policy Alert and corresponding updates to its Policy Manual. Consequently, USCIS will no longer issue new grants of deferred action under this policy.

Impact on Employment Authorization. Individuals who previously received deferred action based on their approved SIJS petition will find that USCIS appears to have stopped accepting new applications for Employment Authorization Documents (EADs) under the (c)(14) category. Furthermore, individuals holding SIJS-based deferred action and associated work permits cannot renew them once they expire. While USCIS has stated it will generally allow existing deferred action grants to remain valid until their expiration date, the agency retains the discretion to terminate them at any time.

Background of the Policy. Special Immigrant Juvenile Status is a form of humanitarian protection created by Congress for noncitizen youth under 21 who have been subjected to parental abuse, abandonment, or neglect. Due to statutory visa caps, a significant backlog has formed, causing approved SIJS petitioners to wait years for an immigrant visa to become available to apply for lawful permanent resident status. The deferred action policy, implemented in May 2022, was designed to protect these individuals from deportation and provide access to work authorization during this extended waiting period.

Legal Posture. How this policy was terminated raises significant legal questions regarding its lawfulness. Legal challenges are currently being prepared to contest this action. Without the protection of deferred action, SIJS-approved youth are exposed to potential removal proceedings and labor exploitation while they wait for their visa priority date to become current.

Defending Against Removal. Individuals with approved SIJS petitions who are now in removal proceedings or facing such proceedings have specific defensive strategies available. These include, but are not limited to, challenging the notice to appear, contesting the evidence of removability, and presenting arguments to preserve the record for any necessary appeals.