Abused and neglected youths granted immigration protections are being detained and deported
Immigrant Youth with Special Immigrant Juvenile Status Face Detention and Deportation
Immigrant minors who have endured abuse, neglect, or abandonment in their home countries are now facing removal from the U.S. despite having been granted legal protections. The Trump administration’s policies have led to the detention and deportation of these youths, with data from the Department of Homeland Security (DHS) showing that 265 were held and 132 were sent back between January 20 and December 22 of the previous year.
SIJS and the Backlog of Applications
Created in 1990, the Special Immigrant Juvenile Status (SIJS) program was designed to safeguard young immigrants who were victims of abuse, abandonment, or neglect. Eligibility requires the youth to be under 21 when applying. However, due to a significant backlog in green card processing, many SIJS beneficiaries were also shielded by a deferred action policy until 2022.
This policy protected them from deportation and allowed them to work legally while awaiting their green card approvals. In June, the Trump administration terminated the deferred action policy, though it remains paused as a court case unfolds. The DHS stated that SIJS does not provide lawful status, citing concerns about fraud and abuse within the program, particularly under the Biden administration.
Constitutional Rights Violated in Elias’ Case
“They are tearing them away from the stability that they’re in, the lives that they’re building on their pathway to permanent protection,” said Rachel Davidson, director of the End SIJS Backlog Coalition.
One notable case involves Elias, a 16-year-old who arrived in the U.S. alone in 2023 after enduring severe physical and emotional abuse from his mother. His mother’s partner also subjected him to constant fear and danger. After being granted SIJS in July 2024, Elias was released to live with his father and relatives in Louisiana. However, in May 2025, he was detained and deported to Guatemala without a removal order.
According to the National Immigration Project, ICE agents held Elias in a hotel room in Alexandria, Louisiana, for about 12 hours before deportation. His attorney was denied contact during this time, and the agency’s actions were described as a violation of federal law and constitutional rights. The DHS claims Elias was not illegally removed, stating that both he and his father received due process and that the father chose to accompany him back to Guatemala.
Discrepancies in Data and Advocacy Concerns
Congressional representatives have emphasized the importance of SIJS in protecting youths fleeing traumatic conditions. Sen. Catherine Cortez Masto highlighted that these individuals are specifically targeted for their vulnerable situations. Yet, federal records failed to specify if any of the youths had been charged with or convicted of crimes.
Emma Israel, a policy analyst at Kids in Need of Defense, noted that the DHS-reported numbers were “much higher than we expected.” The agency cited immigration violations such as unauthorized entry or lack of visas as reasons for deportations, but the legal process remains under scrutiny as more cases continue to unfold. Elias’ lawsuit is ongoing, while other youths remain in ICE custody, awaiting their fate under the new policy framework.
