Special Immigrant Juvenile Status (SIJS) Tips for Juvenile Court Appointed Lawyers

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1 Special Immigrant Juvenile Status (SIJS) Tips for Juvenile Court Appointed Lawyers Edwin D. Colon, Esq. Staff Attorney Teen Legal Advocacy Project Center for Children s Advocacy

2 What is SIJS? Federal law protects children who have been abandoned, abused or neglected by allowing them to regularize immigration status. Two part process: 1. Pursuant to guardianship or child abuse/neglect proceeding, state court makes specific findings 2. Immigrant child uses state court order to apply for SIJS protection with federal immigration authorities. The state court order itself does not grant an immigration benefit. It is a prerequisite that allows child to apply for immigration benefit. SIJS cannot be obtained solely to avoid removal from U.S.

3 Who are these children? Where do they come from? youtube.com/watch?v=ggxoczsxkxw

4 Who is Eligible for SIJS? Eligible to apply for SIJS if Superior Court for Juvenile Matters finds: Child is under twenty one years of age; Child is unmarried; Child is dependent upon Court or placed under custody of an agency or department of a state; Returning to live with one parent is not viable due to abuse, neglect or abandonment or similar basis under state law (includes uncared for); and Not in child s best interests to return country of origin. (INA 101(a)(27)(J), 8 USC 1101, 8 USC 1101) SIJ requirements amended by Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) to clarify that applicants would be eligible for SIJ status if reunification with one or both parents is not viable due to abuse, neglect or abandonment, or a similar basis found under State law. See Public Law No , 122 State (2008), section 235(d). Language removed requirement that youth be declared eligible for long term foster care.

5 Jane 16 year old girl from Honduras. Parents went to U.S. when Jane was one, left her with grandmother. Kidnapped in Honduras at age 12; significant trauma. Authorities: no protection from former captor. Pregnant.

6 Jane Tried to cross U.S. border to escape former captor s threats. Caught, detained by U.S. Immigration and Customs Enforcement. Placed in licensed facility. Son born. Facing removal proceedings. Released by Office of Refugee Resettlement (ORR) Department of Unaccompanied Children (DUCS) to care of parents in CT. Report received by DCF alleged immediate physical abuse by parents. Went to family friend. Family Court issued restraining order against parents. Family friend could not continue care for Jane and her son. Removed under 96 hour hold and OTC was issued next day.

7 Jane You are assigned as Jane s lawyer in two separate roles: AMC for Jane and attorney for Jane as mother of her son. Upcoming date with Immigration Court. Faces likely removal. Jane s parents agree to sustain OTC. CSC scheduled to discuss potential settlement. Jane wants to stay in foster care with son. Does not want return to Honduras. Parents willing to enter nolo pleas with regard to neglect/uncared for. Reunification and visitation services with parents difficult due to existing no contact order or R/O from Family Court.

8 Relief for Jane Does DCF need an Immigration Lawyer for Jane? DCF Policy : Given the complexity of immigration law, the Social Worker shall consult the Office of Legal Affairs; however, the actual legal work will likely be performed by outside immigration specialists with whom the Department contracts. What steps ensure Jane gets SIJS protection? If you have an agreement, secure a plea and disposition date as soon as possible. If not, schedule the case for trial immediately. File a Motion for Special Findings of Fact pursuant to CGS 46b 121 and Conn. Practice Book 34a 1. You may need to file a memorandum of law in support of your motion. 1) Jane is under twenty one years of age; 2) Jane is unmarried; 3) Jane is dependent upon the Court and has been placed under the custody of DCF; 4) Reunification with one or both parents is not viable due to abuse, neglect or abandonment; and 5) It is not Jane s best interest to return to her country of origin. (INA 101(a)(27)(J), 8 USC 1101, 8 USC 1101)

9 Sample Order

10 Additional Tips Consider sources of evidence to prove your case Psychological and medical examinations Birth certificate Country condition reports Sworn statements Documents from immigration process

11 Additional Tips Collaborate/consult with immigration lawyer if possible to make sure pleadings do not create problems in pending immigration case. Example: Psych exam can help prove child experienced significant trauma but information can also be used as mandatory bar to admission or lawful permanent residence.

12 Additional Tips Consider how much information to use in pleadings. (sometimes less is more) SIJS findings May be part of Removal and Appointment of Guardian Petition or TPR/Adoption in Probate Court or proceeding in Family Court. SB-155, PA sections 8 and 9, Oct You only need finding that reunification with one parent not viable. Age requirements for eligibility: - Up to age 18 for Juvenile or Probate Court to - Up to age 21 for USCIS final determination of application

13 Helpful Resources Center for Children s Advocacy kidscounsel.org Immigrant Legal Resource Center ilrc.org/info-on-immigration-law/remedies-for-immigrant-children-and-youth International Institute of Connecticut U.S. Committee for Refugees and Immigrants. refugees.org/resources/for-lawyers/special-immigrant-juvenile-status/ ATLAS DIY