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."