On November 19, 2025, a federal court issued an important decision restoring protections for young people seeking Special Immigrant Juvenile Status (SIJS) but are stuck in long visa backlogs. The ruling in A.C.R. v. Noem blocks the government’s attempt to rescind a 2022 policy that allowed SIJS recipients to be considered for deferred action and work authorization while they wait for their chance to apply for permanent residency.
This lawsuit was brought on behalf of nine immigrant youth and two legal service organizations, CARECEN-NY and Centro Legal de La Raza, represented by a coalition of advocacy groups and law firms, including the National Immigration Project, Kids in Need of Defense (KIND), Public Counsel, Davis Wright Tremaine LLP, and Lowenstein Sandler LLP.
What Is SIJS?
SIJS is a humanitarian protection for noncitizen children who have been abused, abandoned, or neglected by one or both parents. After a state court makes the required findings, the child may apply to U.S. Citizenship and Immigration Services (USCIS) for SIJS classification. Once approved, the final step is applying for a green card.
Because of per-country visa limits, many SIJS recipients cannot apply for permanent residency right away. More than 150,000 young people are currently stuck in this backlog.
The 2022 SIJS Deferred Action Policy
To address this long wait, USCIS issued a policy in 2022 providing that SIJS recipients would be automatically considered for deferred action. Deferred action protects individuals from removal and allows them to apply for employment authorization.
USCIS explained that the policy reflected congressional humanitarian goals, focused enforcement resources on higher-priority cases, and allowed SIJS youth to support themselves while waiting for a visa. An estimated 200,000 youth ultimately received deferred action through this program.
The Government’s Attempt to End the Program
In June 2025, USCIS formally rescinded the policy, after having quietly stopped granting deferred action months earlier. The decision meant that SIJS youth would no longer be considered for deferred action or employment authorization and could not renew the benefits they already had.
The plaintiffs challenged this reversal, arguing that USCIS acted unlawfully by ignoring important reliance interests and failing to provide a reasonable explanation for its decision.
The Court’s Decision
The court agreed that the plaintiffs are likely to succeed on their claim that the rescission violated the Administrative Procedure Act. The judge found that the government did not adequately consider the consequences of eliminating the policy or the alternatives that were available.
As a result, the court issued a stay blocking the rescission. This means the 2022 SIJS Deferred Action Policy is back in effect, and USCIS must again consider SIJS beneficiaries for deferred action and related work authorization.
What This Means for SIJS Youth
This decision restores important protections that allow SIJS beneficiaries to remain safe, work legally, and support themselves as they wait for their opportunity to apply for permanent residency.
If you or someone you know has SIJS and has questions about how this decision may affect them, please contact our office for a consultation.
