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

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

Young immigrants who had been granted Special Immigrant Juvenile Status (SIJS) — a program designed to shield minors from abuse, abandonment, or neglect in their home countries — are now facing detention and deportation. This shift occurred after the Trump administration revoked protections that had allowed these individuals to stay in the U.S. and pursue green cards. According to a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., obtained exclusively by NBC News, Immigration and Customs Enforcement (ICE) detained 265 and deported 132 such youths between January 20 and December 22 of last year.

“They are tearing them away from the stability they’ve built, the lives they’re working to secure through their pathway to permanent protection,” remarked Rachel Davidson, director of the End SIJS Backlog Coalition, part of the National Immigration Project.

The SIJS program was established in 1990 to ensure immigrant children escaping harmful conditions could remain in the U.S. and eventually qualify for green cards. To qualify, applicants must be under 21 when they file for the status. However, due to a backlog in processing applications, a policy of deferred action had previously shielded these youths from deportation, enabling them to work legally while waiting for their green card approvals.

In June, the Trump administration ended this deferred action policy, but the change remains under judicial review. The Department of Homeland Security (DHS) claims that SIJS “does NOT confer lawful status,” asserting that the program is plagued by fraud and misuse, including the entry of “hundreds of suspected and confirmed adult gang members” under the Biden administration.

Cortez Masto highlighted that these youths are specifically targeted because they flee their countries under “horrific conditions.” She emphasized that the provisions were created to safeguard them from further harm or exploitation within the U.S. Emma Israel, a senior policy analyst at Kids in Need of Defense, noted that the deportation figures shared by DHS were “much higher than we expected,” underscoring the program’s impact.

Elias, a 16-year-old who arrived in the U.S. alone at age 14 in 2023, is one such case. Court documents describe his ordeal as “severe physical and emotional abuse and neglect at the hands of his mother.” After being released to live with his father and relatives in Louisiana, Elias was briefly detained by ICE in April and had his deferred action status terminated without prior notice or explanation. On May 21, 2025, he was deported to Guatemala despite having received SIJS in July 2024.

“ICE’s actions were a flagrant violation of federal law and Elias’ constitutional rights,” stated the National Immigration Project, which filed a lawsuit in November. “They did not allow Elias contact with his attorney and deported him without a removal order.”

DHS maintains that Elias “was NOT illegally removed,” citing that he and his father were ordered by an immigration judge to be deported. The agency also claims the father voluntarily chose to return with his son. While Elias’ legal battle continues, other youths remain in ICE custody, raising concerns about the broader implications of the policy change.