The Biden Administration Issues New SIJS Rules

Official White House Photo

The Young Center: for Immigrant Children’s Rights, which advocates for the rights of immigrant children, applauded a recent Biden administration action on immigration.  Yesterday, 

“the Biden administration announced long-awaited regulations that will provide clarity and certainty to children who cannot safely return to their countries of origin. These children are already recipients of a form of protection known as Special Immigrant Juvenile Status (SIJS), which is the only immigration benefit that explicitly considers children’s best interests. Despite this protection, these children often spend years in limbo, waiting for the opportunity to become lawful permanent residents due to an administrative backlog over which they have no control.” 

The U.S. Citizenship and Immigration Services explained its SIJS actions as follows:

“ALERT: On March 7, USCIS announced a final rule to align the SIJ classification with existing federal statutes and clarify SIJ eligibility criteria and evidentiary requirements to improve the efficiency and effectiveness of the program.

In addition to issuing the SIJ final rule, we are updating guidance in the USCIS Policy Manual regarding deferred action and related employment authorization for SIJs . . . . Starting May 6, 2022, USCIS will consider deferred action and related employment authorization for noncitizens who have an approved Form I-360, for SIJ classification but who cannot apply to adjust status to become a lawful permanent resident (LPR) because an immigrant visa number is not immediately available. Read our news release for more information.”

SIJS status has taken on greater significance in recent years with the increasing migration of unaccompanied minors.  For a recent summary of the nuts-and-bolts of SIJS claims, see this Safe Passage Act manual (4th edition, November 2021).

KJ