-
Original Date Announced
March 1, 2018As reported in pending litigation, USCIS in the spring of 2018 began denying Special Immigrant Juvenile status to 18-20 year olds, stating that applicants had not met their burden of "providing an order from a juvenile court making a custody and care determination for a juvenile." This policy is being challenged in several courts.
[ID #32]
Declaration in *R.F.M. v. Nielsen*Effective Date
March 1, 2018Subsequent Trump-Era and Court Action(s)
-
March 15, 2019
R.F.M. v. Nielsen Order
On March 15, 2019, a federal judge in R.F. M. v. Nielsen (S.D.N.Y., Case No. 1:18-cv-05068) overturned USCIS's interpretation. Other cases pending in N.D. Cal.-- J.L. v. Cissna (preliminary injunction granted 10/24/18); W.D. Wash.-- Moreno-Galvez; W.D. Tex.--Ochoa-Castilo.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
October 5, 2020
Galvez v. Cuccinelli, Case No. C19-0321RSL (W.D. Wash. Oct. 5, 2020)
On Oct. 5, 2020, Western District of Washington issued a permanent injunction prohibiting the government from denying youth who otherwise qualify just because they were already 18-20 years old when the state court order was entered. It also requires the government to comply with the 180 day timeline for adjudicating the applications, and denies the government's attempt to toll or delay the deadline by issuing RFEs or asserting the application was incomplete.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Not in effectOriginal Trump Policy Status
Trump Administration Action: Change in PracticeSubject Matter: Minors Immigrant Visas: Special ImmigrantAgencies Affected: USCIS State & Local EntitiesAssociated or Derivative Policies
Pre Trump-Era Policies
-
May 10, 2019
Prior to the new practice, USCIS approved SIJS applicants who were 18-20 years of age, without disputing the jurisdiction or validity of the state or juvenile courts making dependency determinations.
USCIS Policy Manual: Chapter 2--Eligibility Requirements for SIJ classification