State Court Orders Supporting Special Immigrant Juvenile Status, 0616 COBJ, Vol. 45 No. 6 Pg. 45

AuthorJami Vigil Frances Johnson

45 Colo.Law. 45

State Court Orders Supporting Special Immigrant Juvenile Status

Vol. 45 No. 6 [Page 45]

The Colorado Lawyer

June, 2016

Jami Vigil Frances Johnson

Immigration Law

Immigration Law articles are sponsored by the CB A Immigration Law Section to present current issues and topics of interest to attorneys and judges on all aspects of immigration law.

Coordinating Editor

Timothy Reynolds, Boulder, of Bryan Cave HRO—(303) 417-8510, timothy.reynolds@bryancave.com

About the Authors

Jami Vigil is a magistrate judge in the Fourth Judicial District, presiding over Family Treatment Drug Court (FTDC), as well as a full juvenile docket including dependency and neglect, adoption, relinquishment, paternity, and child support cases. She worked for many years in the areas of immigration, criminal appeals, juvenile law, and probate law—jami.vigil@judicial.state.co.us. Frances R. Johnson is a magistrate judge in the Fourth Judicial District, presiding over probate and mental health cases. She has co-presented at multiple probate CLEs and also has experience in criminal, civil, appellate, and juvenile law—frances.johnson@judicial.state.co.us.

Recently there has been an increase in the number of unaccompanied alien children apprehended in the United States. Many of these children are eligible for Special Immigrant Juvenile status. To petition for such status, a child must (among other things) obtain an order in state court. This article discusses the elements of the state court order and addresses practice questions related to seeking the order in probate court.

Recent years have seen an increase in the number of children apprehended by Department of Homeland Security immigration officials while in the United States and separated from parents and relatives. These children are especially vulnerable, here alone without a caregiver and with no lawful immigration status. Dubbed "Unaccompanied Alien Children" (UAC), these minors have often survived a very dangerous journey, where they were at great risk for human trafficking, exploitation, and abuse.1 Additionally, many of these children traveled to the United States to escape abusive family relationships, community violence, and extreme poverty.2 Following apprehension by immigration officials, the children are transferred to the care and custody of the Office of Refugee Resettlement (ORR), which provides food, shelter, and medical services pending their release into the care of a sponsor and resolution of immigration proceedings.3

Since 2011 there has been an increase in the number of UAC arriving in the United States. The ORR reported that between October 2013 and January 2016 it released 100,516 UAC to sponsors nationally; 829 of these children were released to sponsors in Colorado.4 Sponsors are adults deemed suitable by ORR to care for the child's physical and mental well-being who agree to ensure the child's presence at all future immigration proceedings and comply with immigration orders, including departure orders.[5]

Many of these children are eligible for a special immigrant classification known as Special Immigrant Juvenile status (SIJS) based on having experienced abuse, abandonment, or neglect to the extent that those children are unable to reunite with one or both parents.6 The Special Immigrant Juvenile (SIJ) program provides a means by which certain eligible children may obtain permanent residence in the United States.7 This program is unique in that it involves both state and federal entities. To petition for SIJS, an applicant must have a specific state court order, which is then used by U.S. Citizenship and Immigration Services (USCIS) to determine the applicant's status. This article briefly examines the elements of the requisite state court order and addresses some practice questions related to seeking the order in probate court.

The State Court's Findings of Fact and the Probate Example

While only USCIS has the authority to render a final decision as to the child's immigration status and benefits, only state courts can make the special findings of fact regarding the best interest of a child for purposes of establishing eligibility for SIJS.8 Often the state court order is called a juvenile court order; however, any state court having the authority to decide custody and care of children can enter the requisite order.9

States have different names for their courts. In Colorado, this state court order may originate under Title 19 (the Children's Code) within a dependency and neglect, delinquency, or adoption case; under Title 15 within a probate guardianship; or, under some circumstances, pursuant to a Title 14 (Allocation of Parental Responsibilities) domestic relations or custody proceeding. The similar feature in all of these proceedings is that the court receives evidence relating to the location of the child's parents, the potential for reunification with a parent or parents, and the best interests of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT