Original Date Announced

Pursuant to EO 14161, USCIS issued policy guidance in the USCIS Policy Manual to eliminate automatic consideration of deferred action (and related employment authorization) for Special Immigrant Juveniles (SIJs) who are ineligible to apply for adjustment of status to lawful permanent resident status due to visa unavailability.

This guidance confirms that USCIS will no longer consider granting deferred action on a case-by-case basis to SIJs who are ineligible to apply for adjustment of status solely due to unavailable immigrant visas. Individuals previously granted deferred action based on their SIJ classification will generally retain that deferred action--and any work authorization--until their current expiration dates.

The update is effective immediately and applies to individuals classified as SIJs before, on, or after March 7, 2022, based on an approved Form I-360. Noncitizens with deferred action based on their SIJ classification will generally retain deferred action and associated employment authorization until the current validity periods expire.

Trump 2.0 [ID #1792]

Subsequent Trump and Court Action

2025.07.17 Complaint - A.C.R. v. Noem

Nine immigrant youth and two legal services providers filed a class action lawsuit to challenge the government's rescission of its deferred action policy for individuals with SIJ status. The lawsuit seeks to reinstate the policy and argues that the government violated the Administrative Procedure Act as well as its own internal binding guidance. A.C.R. v. Noem, No. 1:25-cv-03962 (E.D.N.Y.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.07.24 USCIS Report: Criminality, Gangs, and Program Integrity Concerns In Special Immigrant Juvenile Petitions

USCIS published a report titled "Criminality, Gangs, and Program Integrity Concerns In Special Immigrant Juvenile Petitions." The report analyzes data on SIJ petitions from 2013 through 2025 and raises concerns about SIJ applicants who are over 18, entered the United States without inspection, or have criminal histories. It concludes that there are "significant program integrity vulnerabilities in the SIJ program," which "have allowed criminal aliens, gang members, and known or suspected terrorists (KSTs) to infiltrate the program, obtain lawful immigration benefits, and, in some cases, permanent resident status and eventually citizenship."

Subsequent Trump and Court Action

2025.11.19 Order Granting Stay and PI - A.C.R. v. Noem

U.S. District Judge Eric Komitee granted a stay of the rescission of the 2022 deferred action policy for individuals with SIJ status. The stay temporarily reinstates the 2022 policy, under which SIJ recipients are automatically considered for deferred action and, if granted, eligible to apply for work authorization. The court also preliminarily enjoined the government from removing the individual plaintiffs from the United States during the course of litigation. The court denied the plaintiffs' request to issue an injunction ordering USCIS to conduct deferred-action and employment-authorization determinations within specified timeframes, and did not rule on plaintiffs' motion for class certification. A.C.R. v. Noem, No. 1:25-cv-03962 (E.D.N.Y.).

**Link to case here. See litigation note above.**

Subsequent Trump and Court Action

2026.01.14 Order Denying Motion to Reconsider - A.C.R. v. Noem.

Judge Komitee denied plaintiffs' motion for reconsideration. While the court’s November 19, 2025 order restored the 2022 Policy Alert USCIS had publicly issued, it did not require the agency to restore certain changes to its internal Policy Manual. Plaintiffs subsequently moved for reconsideration, arguing that USCIS must follow the prior Policy Manual in adjudicating SIJS-DA applications during the stay.

The court found that internal policy manuals have no legal force: Although the Policy Manual “went further” than the Policy Alert to “put[] a heavy thumb on the scale in favor of deferred action,” it also contained a provision disclaiming creation of "any substantive or procedural right or benefit that is legally enforceable." Plaintiffs could thus not have reasonably relied on Policy Manual procedures. A.C.R. v. Noem, No. 1:25-cv-03962 (E.D.N.Y.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2026.03.17 Reported: Abused and neglected youths granted immigration protections are being detained and deported - NBC

NBC reports that, according to a DHS letter to Senator Catherine Cortez Masto, "[f]rom Jan. 20 to Dec. 22 of [2025], ICE detained 265 and deported 132 young people with Special Immigrant Juvenile Status (SIJS)." The letter also stated that "DHS terminated deferred action for 990 immigrants with SIJS from Jan. 20 to Dec. 30 of [2025]." DHS asserts that “most of these terminations involved cases with derogatory information (including criminal convictions).” In contrast, between May 6, 2022, and the beginning of 2025, DHS data indicate that the agency terminated deferred-action status for 315 SIJS recipients.