Deferred Action and Work Permits Return for SIJS Petitioners

Last week, in the matter of ACR v. Noem, No. 25-CV-3962 (E.D.N.Y), a judge issued an order staying the staying the government’s rescission of the 2022 SIJS Deferred Action Policy. The decision means that the 2022 SIJS Deferred Action Policy is back in effect and “the government must therefore conduct deferred-action and employment authorization adjudications pursuant to the 2022 Policy Alert.”   

The 2022 SIJS Deferred Action Policy stated that the government would affirmatively grant deferred action together with an approved SIJS Petition for qualifying petitioners. This gave SIJS petitioners protection from deportation as well as the ability to apply for a work permit that they could renew while they waited for their priority date to become current so they could apply for lawful permanent residency.

Earlier this year, the Trump administration rescinded this policy, leaving many SIJS petitioners in limbo, without protection against deportation or work authorization while they wait almost five years to become eligible to apply for permanent residency in the U.S. Now, the 2022 SIJS Deferred Action Policy will resume, giving many unaccompanied and vulnerable children and youth increased stability here in the U.S.

If you are under the age of 21 and believe you might qualify for Special Immigrant Juvenile Status, please contact us to set up a consultation!