McALLEN, Texas (AP) — A federal judge issued an order Wednesday requiring the Trump administration to reconsider granting protection from deportation to certain vulnerable young immigrants.
U.S. District Judge Eric Komitee required U.S. Citizenship and Immigration Services (USCIS) to reassess deportation protections that were revoked in June 2022. The ruling allows the program to endure while a lawsuit initiated by concerned plaintiffs in July is still ongoing.
The affected children and youths include those who have been abused, neglected, or abandoned by a parent, and who have been granted Special Immigrant Juvenile Status through a state court and the federal government.
Established with bipartisan support in Congress back in 1990, SIJS enables eligible young people to apply for visas towards legal permanent residency and work permits. However, there’s often a lengthy wait due to visa caps. Under the Biden administration, there was a provision for shielding beneficiaries from deportation while awaiting visa availability.
If the deferred action program were to be eliminated, these young individuals would face the prospect of deportation, which could jeopardize their eligibility for legal residency if they are sent back to their home countries.
“The crux of the court’s decision is that the government can’t just pull the rug out from under hundreds of thousands of young people like it did without considering how they built their entire lives around the policy that existed,” stated Stephanie Ellie Norton, a lawyer representing the plaintiffs from the National Immigration Project.
According to the judge’s orders, both current beneficiaries of the program and new applicants can submit applications for deportation protection. USCIS is also mandated to make timely decisions regarding work permit requests for both new applicants and those with existing deferred action status.
USCIS and the Department of Homeland Security (DHS) have not provided immediate comments regarding the ruling.
U.S. District Judge Eric Komitee required U.S. Citizenship and Immigration Services (USCIS) to reassess deportation protections that were revoked in June 2022. The ruling allows the program to endure while a lawsuit initiated by concerned plaintiffs in July is still ongoing.
The affected children and youths include those who have been abused, neglected, or abandoned by a parent, and who have been granted Special Immigrant Juvenile Status through a state court and the federal government.
Established with bipartisan support in Congress back in 1990, SIJS enables eligible young people to apply for visas towards legal permanent residency and work permits. However, there’s often a lengthy wait due to visa caps. Under the Biden administration, there was a provision for shielding beneficiaries from deportation while awaiting visa availability.
If the deferred action program were to be eliminated, these young individuals would face the prospect of deportation, which could jeopardize their eligibility for legal residency if they are sent back to their home countries.
“The crux of the court’s decision is that the government can’t just pull the rug out from under hundreds of thousands of young people like it did without considering how they built their entire lives around the policy that existed,” stated Stephanie Ellie Norton, a lawyer representing the plaintiffs from the National Immigration Project.
According to the judge’s orders, both current beneficiaries of the program and new applicants can submit applications for deportation protection. USCIS is also mandated to make timely decisions regarding work permit requests for both new applicants and those with existing deferred action status.
USCIS and the Department of Homeland Security (DHS) have not provided immediate comments regarding the ruling.
