Abused and neglected youths granted immigration protections are being detained and deported
Abused and neglected youths granted immigration protections are being detained and deported
Detention and Deportation of SIJS Youth
Under the Trump administration, immigrant minors who had been granted special protections through the SIJS program were detained and deported. From January 20 to December 22 of last year, Immigration and Customs Enforcement (ICE) detained 265 and deported 132 youths with Special Immigrant Juvenile Status, as revealed in a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., exclusively shared by NBC News.
“Families who have been safeguarded by these protections are being torn away from the stability they’ve built,” said Rachel Davidson, director of the End SIJS Backlog Coalition, a group within the National Immigration Project.
The SIJS Program and Legal Protections
Congress established the SIJS program in 1990 to shield immigrant minors from abuse, abandonment, or neglect in their home countries and grant them a route to legal residency. Eligibility requires the youth to be under 21 when applying. A backlog in green card applications led to deferred action policies, which protected SIJS recipients from deportation and allowed them to work legally while waiting for their cases to resolve.
DHS Statements and Policy Changes
In June, the Trump administration halted deferred action for SIJS recipients, though the policy is currently paused due to a pending court case. The Department of Homeland Security claimed SIJS does not provide lawful status, arguing the program is plagued by fraud, with hundreds of adult gang members admitted under the Biden administration.
Testimony and Concerns
Sen. Cortez Masto emphasized that SIJS youths were identified for their escape from “horrific conditions” in their home countries. “We aim to ensure they aren’t harmed or exploited further,” she stated, highlighting the law’s intent to prioritize their well-being.
Emma Israel, a senior policy analyst at Kids in Need of Defense, noted the figures provided by DHS were “much higher than anticipated.”
DHS reported that the 132 deported individuals were accused of immigration violations, such as entering the U.S. without authorization or lacking proper visas. Federal records did not specify whether any faced criminal charges or convictions. One notable case involves a 16-year-old who was deported to Guatemala in May despite being granted SIJS in July 2024.
Elias’s Deportation Case
Elias, a 14-year-old who arrived in the U.S. alone in 2023, endured “severe physical and emotional abuse and neglect at the hands of his mother,” according to court documents. He was placed in Louisiana with his father and relatives after being released from custody. The complaint detailed his prolonged isolation, lack of food, and fear of his mother and her partner.
Deferred action for Elias was terminated in April by U.S. Citizenship and Immigration Services without notice or explanation. His father was detained by ICE shortly after, leading to Elias’ deportation to Guatemala in May. “ICE deported Elias without a formal removal order,” the National Immigration Project stated in a lawsuit announcement, “after holding him in a hotel room for about 12 hours and denying him contact with his attorney.”
Ongoing Legal Battles
DHS asserted that Elias was “not illegally removed” and that the father and son received full due process before being ordered out of the country. The father voluntarily chose to leave with his son. Elias’ case remains unresolved, while other youths continue to be held by ICE, facing similar challenges in their pursuit of permanent protection.
