US to consider deferring deportation of abandoned, abused minors

The Department of Homeland Security announced Monday that it will consider deferring the deportation of minors who are subjects of court proceedings that involve abuse, neglect or abandonment due to a lack of available visa numbers.

The new policies will provide minors with an easier path toward receiving green cards, according to Reuters. The updates were first proposed over one decade ago.

The agency’s U.S. Citizenship and Immigration Services said in a statement that such a deferred action would not result in obtaining a lawful status in the U.S. nor apply towards eligibility for employment. Updates to the policy, which the agency said was due in part due to the unavailability of visa numbers, will be effective May 6. 

“Congress likely did not envision that SIJ [Special Immigrant Juvenile] petitioners would have to wait years before a visa became available, since for many years after implementation of the program, SIJs did have visas immediately available,” the policy states.

A deferred action decision will be valid for four years, the agency said.

Special immigrant status is provided to religious workers, U.S. armed forces members and immigrants who have worked for the U.S. government in various capacities, among others. These immigrants may also be considered for employment authorization under the rule update.

Minors under court proceedings due to abandonment, abuse or similar issues will be classified as Special Immigrant Juveniles.

“This process furthers congressional intent to provide humanitarian protection for abused, neglected, or abandoned noncitizen children for whom a juvenile court has determined that it is in their best interest to remain in the United States,” according to the statement.