Abused and neglected youths granted immigration protections are being detained and deported
Abused and neglected youths granted immigration protections are being detained and deported
ICE Detains and Deports SIJS Recipients
Young immigrants who had endured abuse or neglect were granted a route to a green card, but the Trump administration reversed this, leading to their detention and removal. Between January 20 and December 22 of the previous year, Immigration and Customs Enforcement (ICE) detained 265 and deported 132 individuals with Special Immigrant Juvenile Status (SIJS), as detailed in a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., exclusively shared with NBC News.
“They are tearing them away from the stability they’ve built, the lives they’re shaping toward permanent protection,” said Rachel Davidson, director of the End SIJS Backlog Coalition, a group affiliated with the National Immigration Project.
The SIJS Policy and Its Legal Intent
SIJS was established in 1990 to shield minor immigrants who had been subjected to abuse, abandonment, or neglect in their home countries, offering them a pathway to legal residency. To qualify, individuals must be under 21 when applying for the status. However, due to delays in green card approvals, a policy known as deferred action had previously provided temporary protection, allowing these youths to work legally while awaiting their visa processing.
DHS Terminates Deferred Action for SIJS
In June, the Trump administration halted the deferred action policy for SIJS beneficiaries, though it remains suspended as courts evaluate its legality. The Department of Homeland Security stated that SIJS “does NOT confer lawful status,” asserting the program had “fraud and abuses,” citing cases where adult gang members were admitted under the Biden administration. Cortez Masto emphasized the purpose of the law, noting, “We have specifically identified them because they are fleeing horrific conditions. We do not want them further harmed or exploited in our country.”
“We have created specific provisions under the law to ensure their best interest,” Cortez Masto added.
Deportation Figures and Legal Concerns
Emma Israel, a policy analyst at Kids in Need of Defense, called the DHS-reported numbers “much higher than we expected.” The agency claimed the 132 deported individuals had committed immigration violations, such as entering without admission or lacking visas. Federal records did not specify whether any faced criminal charges or convictions.
Elias’s Case: A Timeline of Deportation
Elias, a 16-year-old, arrived in the U.S. alone in 2023 after experiencing “severe physical and emotional abuse and neglect at the hands of his mother,” according to court filings seeking his return. After being released to live with his father and relatives in Louisiana, he was later detained by ICE. “The abuse he endured was so intense he required hospital treatment,” the complaint noted. “Neglect was relentless: Elias often went days without food or safety.”
Last April, U.S. Citizenship and Immigration Services abruptly ended Elias’ deferred action without prior notice or explanation, as outlined in the lawsuit. A month later, his father was briefly detained and instructed to return to Guatemala with Elias in May. “In the early hours of May 21, 2025, ICE deported Elias to Guatemala without a removal order, after keeping him in a hotel room in Alexandria, Louisiana for about 12 hours,” the National Immigration Project stated. The agency denied providing Elias with legal contact during his detention, calling it a “flagrant violation of federal law and constitutional rights.”
Elias’ case is still being contested, while other youths remain in ICE custody, facing similar challenges. The ongoing legal battle highlights the broader impact of policy changes on vulnerable immigrant populations.
