Special Immigrant Juvenile Status: Relief for Neglected, Abused, and Abandoned Undocumented Children

• DOI: http://doi.org/10.1111/j.1755-6988.2011.01071.x
• Date: 01 January 2012
• Author: Angie Junck
• Published date: 01 January 2012

Special Immigrant Juvenile Status: Relief for

Neglected, Abused, and Abandoned

Undocumented Children

By Angie Junck

ABSTRACT

Special Immigrant Juvenile Status is a form of immigration relief available to undocu-

mented children who are under the jurisdiction of a state juvenile court (defined broadly),

who cannot be reunified with one or both parents due to abuse, neglect, or abandonment,

or similar basis under state law, and in whose best interest it is to remain in the United

States. Although immigration is a federal issue, Congress has directed that state juvenile

courts make the factual findings that establish basic SIJS eligibility.Without these findings,

children may never be able to legalize their status in the U.S. and become productive,

contributing members of society.jfcj_107148..62

INTRODUCTION

Special Immigrant Juvenile Status (SIJS) is a form of immigration relief that allows

undocumentedchildren toremain inthe UnitedStates toobtain lawfulpermanent residencywhen

(1) they are under the jurisdiction of a state juvenile court (defined broadly as a court located in

the United States having jurisdiction under state law to make judicial determinations about the

custody and care of juveniles);1(2) they cannot be reunified with one or both parents due to abuse,

neglect, or abandonment, or similar basis under state law; and (3) their best interests require that

they remain in the United States. Lawful permanent residency confers the right to live and work

in the United States, as well as many of the benefits that U.S. citizens hold. The application process

requires that state juvenile courts enter specific findings before children can petition for SIJS with

immigration authorities. If these prerequisites are not fulfilled, these children may be precluded

from ever gaining legal status in the United States, and thus may live under the constant shadow

of deportation. This article discusses the purpose and requirements of Special Immigrant Juvenile

Status and the juvenile courts’ role in ensuring that undocumented youth apply for such relief.2

1 8 C.F.R. § 204.11(a).

2 To read more about Special Immigrant Juvenile Status, consult Angie Junck,Sally Kinoshita,&

Katherine Brady,Immigration Benchbook for Juvenile and Family Court Judges (Immigrant Legal

Angie Junck, J.D., is a staff attorney at the Immigrant Legal Resource Center, a national technical resource

center on immigration law based in San Francisco, California. She specializes in the immigration consequences of

crime and delinquency, and immigrant youth issues. Correspondence: ajunck@ilrc.org

Author’s Note: This piece was written with the assistance of Dorothy Emily Wu, Juris Doctor Candidate

2013, Georgetown University Law Center.

Juvenile and Family Court Journal 63, no. 1 (Winter) 48

© 2012 National Council of Juvenile and Family Court Judges