The Immigrant Legal Resource Center (ILRC) is one of only a few technical assistance organizations nationally and in California with expertise on immigrant youth, including unaccompanied minor (UAC) issues. Undocumented immigrant children are an extremely vulnerable population, especially when they enter foster care, removal proceedings, and/or the juvenile justice system. The ILRC works to expand the rights of these immigrant children through policy and advocacy efforts, numerous in-person and webinar trainings, and case-specific assistance. We also write one of the only national publications addressing immigrant youth issues entitled, Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth.
Many immigrant youth in the United States may be eligible to apply for lawful immigration status. One of the most common immigration options for immigrant youth is special immigrant juvenile status (SIJS), which is a pathway to a green card for immigrant children who have been abused, abandoned, or neglected by one or both of their parents. Other common forms of relief for children include U visas (for children who were victims of crimes), relief under the Violence Against Women Act (for children who were abused by a U.S. citizen or permanent resident parent or spouse), and asylum (for children who are afraid of returning to their home country).
Latest Resources
Practice Advisory
Resources
Publication Date
04/17/2025
The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O-, along with policy changes implemented during the first Trump administration, sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial UC asylum jurisdiction has changed. This practice advisory provides an overview of the current state of UC asylum jurisdiction following the Matter of M-A-C-O- decision and the outcome of the JOP v. DHS litigation. It also offers some arguments and practical tips to help practitioners advocate for their UC clients to receive the statutory protections afforded by the TVPRA, as well as the benefits from the JOP v. DHS litigation.
FAQs & Explainers
Resources
Publication Date
04/11/2025
The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.
Public Comments / Sign-on Letters
Resources
Practice Advisory
Practice Advisory
Resources
Publication Date
03/20/2025
The Laken Riley Act (LRA) was signed into law by President Trump on January 29, 2025. It amends the Immigration and Nationality Act (INA) by expanding mandatory detention of certain inadmissible noncitizens who are merely arrested or charged with certain offenses. This practice advisory addresses the question of whether the provisions of the LRA that seek to vastly increase the number of people subject to mandatory immigration detention would be triggered by children engaging in acts of juvenile delinquency. In the advisory, we argue that the answer is no, in alignment with longstanding precedent in immigration law that treats acts of juvenile delinquency as distinct from adult criminal acts. However, given that this is a new law with unclear drafting, we also provide tips for juvenile defense attorneys to help clients avoid charges that could implicate the mandatory detention provision of the LRA.
Public Comments / Sign-on Letters
Resources
Publication Date
12/16/2024
On November 25, 2024, the ILRC submitted a comment on the Office of Refugee Resettlement’s (ORR) changes to various legal advocacy forms for children in ORR custody.
Public Comments / Sign-on Letters
Resources
Publication Date
12/16/2024
On October 15, 2024, the ILRC submitted a comment on the proposed changes to Form I-360, encouraging USCIS to increase the accessibility of the form for pro se respondents, including Special Immigrant Juvenile Status Applicants and VAWA self-petitioners.
Practice Advisory
Practice Advisory
Resources
Publication Date
11/15/2024
Under current USCIS regulations, any person under 21 years of age who otherwise meets the eligibility requirements may be granted SIJS. This practice alert addresses many of the unsuccessful arguments that USCIS has not accepted when a petition received by USCIS after the youth turns 21. In rare cases, USCIS has accepted petitions received after the petitioner’s 21st birthday when there is proof that the petition was improperly rejected or receipted by USCIS before the deadline. This practice alert primarily focuses on USCIS Administrative Appeals Office (AAO) decisions and limited federal court cases to highlight successful and unsuccessful arguments when the SIJS petition is filed on or after the youth’s 21st birthday.
FAQs & Explainers
Resources
Publication Date
11/14/2024
While U.S. immigration laws provide certain special protections to children migrating without a parent or legal guardian on account of their vulnerabilities, these laws and policies fall short of both domestic and international child welfare principles. Those impacted by and involved with U.S. systems for responding to child migrants have known for years that they do not meet the needs of most children. This resource aims to demonstrate that a different approach to how the United States welcomes migrant children, particularly as relates to their time in government custody/detention, is not just possible but necessary.
Practice Advisory
Resources
Publication Date
09/12/2024
The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.
Related Products
Webinar
Webinar
We will review how the CSPA protects certain family-based beneficiaries of immigrant visa petitions and how to calculate the CSPA age. We will also review when the Visa Bulletin is involved, and when and how visa regression affects the CSPA age. Finally, we will touch on the rules regarding recapturing priority dates, discuss strategies for clients in danger of “aging out” who may not be protected by CSPA, and address a recent USCIS policy update pertaining to CSPA.
Webinar
Webinar
This webinar will provide an introduction to special immigrant juvenile status (SIJS) - a unique path to immigration status for young people under the age of 21. We will provide an overview of the legal requirements and process of seeking SIJS and SIJS-based adjustment of status, all the way from state juvenile court to adjustment of status.
Webinar
Webinar
Level: Intermediate
Eligibility for special immigrant juvenile status (SIJS) requires the involvement of a state juvenile court. This webinar will go over what needs to be included in a successful SIJS state court predicate order, looking at guidance contained in the USCIS Policy Manual and the new SIJS regulations. We will then take a more detailed look at successful state court orders in both California and Texas as a way to see this guidance in action.
Presenters
Rachel Prandini - Staff Attorney, ILRC
Rachel is one of ILRC’s staff attorneys based in San Francisco. Rachel focuses on immigrant youth issues, including unaccompanied minors and immigrant youth in the juvenile justice and child welfare systems. Rachel provides technical assistance and trainings to immigration and state court attorneys, social workers, and judges. She works on statewide and national policy that affects the rights of immigrant youth and is frequently consulted for her expertise in Special Immigrant Juvenile Status. Rachel co-authored the ILRC’s publication Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth.
Prior to joining the ILRC, Rachel represented detained and released unaccompanied minors in removal defense and led a project focusing on Special Immigrant Juvenile Status at Esperanza Immigrant Rights Project in Los Angeles. While at Esperanza, Rachel also performed "Know Your Rights" work in southern California immigration detention centers for minors. Previously, Rachel worked as an associate at Paul Hastings, LLP and volunteered as a Child Advocate for unaccompanied minors.
Rachel earned her law degree from the University of California at Davis, where she was a member of the Immigration Law Clinic and worked on complex deportation defense cases and detention issues. She received her undergraduate degree from Westmont College, where she double-majored in philosophy and political science. Rachel is admitted to the bar in California. She is conversant in Spanish.
Dalia Castillo-Granados - Co-Founder and Director, Children’s Immigration Law Academy (CILA)
Dalia Castillo-Granados is the co-founder and director of the Children’s Immigration Law Academy (CILA), a project of the American Bar Association (ABA) Commission on Immigration. Dalia is a frequent speaker on Special Immigrant Juvenile Status (SIJS) and led the effort at the ABA to advocate for deferred action for SIJS youth stuck in the visa backlog. Prior to working at CILA, Dalia was a senior attorney at Kids in Need of Defense, a staff attorney at Tahirih Justice Center, a clinical supervising attorney at the University of Houston’s Immigration Clinic, and a Greenberg Traurig, LLP Equal Justice Works fellow at Catholic Charities’ Cabrini Center. Throughout her career, Dalia has represented hundreds of children in their immigration proceedings and before Texas state courts.
Eligibility for special immigrant juvenile status (SIJS) requires the involvement of a state juvenile court. This webinar will go over what needs to be included in a successful SIJS state court predicate order, looking at guidance contained in the USCIS Policy Manual and the new SIJS regulations. We will then take a more detailed look at successful state court orders in both California and Texas as a way to see this guidance in action.
Presenters
Rachel Prandini - Staff Attorney, ILRC
Rachel is one of ILRC’s staff attorneys based in San Francisco. Rachel focuses on immigrant youth issues, including unaccompanied minors and immigrant youth in the juvenile justice and child welfare systems. Rachel provides technical assistance and trainings to immigration and state court attorneys, social workers, and judges. She works on statewide and national policy that affects the rights of immigrant youth and is frequently consulted for her expertise in Special Immigrant Juvenile Status. Rachel co-authored the ILRC’s publication Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth.
Prior to joining the ILRC, Rachel represented detained and released unaccompanied minors in removal defense and led a project focusing on Special Immigrant Juvenile Status at Esperanza Immigrant Rights Project in Los Angeles. While at Esperanza, Rachel also performed "Know Your Rights" work in southern California immigration detention centers for minors. Previously, Rachel worked as an associate at Paul Hastings, LLP and volunteered as a Child Advocate for unaccompanied minors.
Rachel earned her law degree from the University of California at Davis, where she was a member of the Immigration Law Clinic and worked on complex deportation defense cases and detention issues. She received her undergraduate degree from Westmont College, where she double-majored in philosophy and political science. Rachel is admitted to the bar in California. She is conversant in Spanish.
Dalia Castillo-Granados - Co-Founder and Director, Children’s Immigration Law Academy (CILA)
Dalia Castillo-Granados is the co-founder and director of the Children’s Immigration Law Academy (CILA), a project of the American Bar Association (ABA) Commission on Immigration. Dalia is a frequent speaker on Special Immigrant Juvenile Status (SIJS) and led the effort at the ABA to advocate for deferred action for SIJS youth stuck in the visa backlog. Prior to working at CILA, Dalia was a senior attorney at Kids in Need of Defense, a staff attorney at Tahirih Justice Center, a clinical supervising attorney at the University of Houston’s Immigration Clinic, and a Greenberg Traurig, LLP Equal Justice Works fellow at Catholic Charities’ Cabrini Center. Throughout her career, Dalia has represented hundreds of children in their immigration proceedings and before Texas state courts.
Video
Video
This free recorded webinar will arm immigration advocates with the information they need to help immigrant families make a plan for their children if they are unable to care for them due to detention and/or deportation. It will feature California experts on alternate care arrangements for children, including the Caregiver's Authorization Affidavit, Probate Guardianship, and informal arrangements for care.
Publication
Publication
Immigrant children and youth may be eligible for special types of immigration relief available just for children or they may be eligible for immigration relief in different ways than adults. In addition, separate procedures may and often do apply in the immigration process for children and youth. A federal law enacted in December 2008, called the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), introduced important protections for the treatment of unaccompanied minors in the immigration system, many of which have continued to be clarified in recent years, and others of which have come under attack.
Video