Abused and neglected youths granted immigration protections are being detained and deported

Abused and neglected youths eligible for green card protections face detention and deportation

Under the Special Immigrant Juvenile Status (SIJS) program, immigrant minors who endured abuse, abandonment, or neglect in their home countries can secure a path to legal residency. However, this protection has been revoked for many as the Trump administration moved to detain and deport them. According to a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., obtained exclusively by NBC News, ICE detained 265 and deported 132 such youths between January 20 and December 22 of the previous year.

“They are tearing them away from the stability they’ve achieved, the lives they’re constructing toward permanent protection,” stated Rachel Davidson, director of the End SIJS Backlog Coalition, a group affiliated with the National Immigration Project.

The SIJS initiative was established by Congress in 1990 to safeguard children who fled their countries due to traumatic circumstances. Eligible youth must be under 21 when applying for the status. A backlog in green card processing meant that, since 2022, these youths were also shielded by deferred action policies, which paused their deportation and allowed them to work legally in the U.S. while awaiting visa approvals.

In June, the Trump administration terminated deferred action for SIJS recipients. This policy is currently paused as it undergoes judicial review. The Department of Homeland Security (DHS) claimed SIJS does not provide lawful status, asserting the program is plagued by fraud and abuses, citing “hundreds of suspected and confirmed adult gang members” admitted under the Biden administration.

Elias, a 14-year-old who arrived in the U.S. alone in 2023, exemplifies the impact of these changes. He had been subjected to “severe physical and emotional abuse and neglect” by his mother, as detailed in court filings requesting his return. After being granted SIJS in July 2024, Elias was released to live with his father and relatives in Louisiana. His legal team argues that his removal to Guatemala in May 2025 violated federal law, as he was detained without a formal deportation order.

“In the early hours of May 21, 2025, ICE agents deported Elias to Guatemala without any removal order, after holding him in a hotel room in Alexandria, Louisiana for roughly 12 hours,” said the National Immigration Project, which announced a lawsuit in November.

Cortez Masto emphasized that these youths were identified for their escape from “horrific conditions” in their countries. She noted the intent to prevent further harm or exploitation within the U.S. Emma Israel, a policy analyst at Kids in Need of Defense, described the DHS-reported figures as “much higher than expected,” highlighting the abruptness of the policy shift. While the agency cited immigration violations like entering without admission or lacking visas, it provided no evidence of criminal charges or convictions for the 132 individuals deported.

Elias’ case remains unresolved, and other children continue to be held by ICE, facing similar uncertainties about their future. The lawsuit challenges the agency’s actions, asserting a disregard for constitutional rights and legal procedures. As the process unfolds, the fate of these vulnerable youths hinges on the outcome of ongoing legal battles.