Quick Guide: Defending SIJS Clients in Removal Proceedings
This practice advisory, authored with our partners at the End SIJS Backlog Coalition, Children's Immigration Law Academy, Make the Road New York, National Immigration Project, Rocky Mountain Immigrant Advocacy Network, and Safe Passage Project, offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal.
HR1 Fees at USCIS and EOIR
This practice advisory provides information about recently implemented fee increases at USCIS and EOIR. These fee increases are a result of the “One Big Beautiful Bill Act” also known as HR1. This advisory explores what we know and what we still don’t know about the fees, how to pay them, and potential future changes.
Navigating Removal Proceedings While Pursuing Survivor-Based Forms of Relief at USCIS
USCIS has exclusive jurisdiction to adjudicate certain applications for immigration relief that protect survivors of crime and other forms of abuse. Many people who are in active removal proceedings are eligible for one or more of these forms of relief. In the past, it was often possible to postpone or terminate removal proceedings to pursue such relief at USCIS. However, current policies at the Executive Office for Immigration Review (EOIR) and increasingly negative caselaw from the Board of Immigration Appeals (BIA) have made navigating removal proceedings for these applicants extremely
What is Happening with Deferred Action for Special Immigrant Juveniles (SIJs)
On April 10, 2026, USCIS issued a new memo again terminating the SIJS deferred action (DA) policy (“April 10th Memo”). Under the April 10th Memo, USCIS will no longer automatically consider granting DA to young people granted SIJS. This termination memo does not, however, go into effect until May 10, 2026, and only applies to SIJS petitions filed on or after that date. This practice alert discusses what the April 10th Memo means for SIJS petitions and SIJS DA renewals filed prior to and on or after May 10, 2026, including helpful charts.
Arguments for Using the SIJS-based Adjustment Provision to Adjust Based on a Different Petition
This practice alert, created in partnership with the End SIJS Backlog Coalition, explores a largely un-tested legal argument that young people with approved SIJS petitions can use the SIJS-specific adjustment provisions at INA § 245(h) to satisfy the “inspected and admitted or paroled” requirement to adjust using some other non-SIJS immigrant petition (for example, a spousal petition).
Civil Penalties and Fines - Part I: How to Appeal a Civil Penalty
This practice advisory is Part I of a two-part advisory on civil fines and civil penalties instituted by DHS against noncitizens. Part I discusses the procedures for instituting a fine and recommendations for contesting and appealing a civil fine instituted by DHS. Part II will discuss statutory and Constitutional arguments and defenses against the issuance of fines.
Expedited Removal and Unaccompanied Children: An FAQ
This resource – created with our partners at the Children’s Immigration Law Academy and National Immigration Project – answers common questions about expedited removal and its application to children and offers arguments against its application to young people who were processed as UCs and young people with approved special immigrant juvenile status (SIJS), should the government attempt to apply it to those groups.
Screening for Immigration Relief: Client Intake Form and Notes
This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options and assessing red flags. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options as well as a summary of common forms of relief. This sample client intake form is generic, to screen for general relief since the goal at the screening stage is not to make a final determination of eligibility but to assess pathways for relief.
USCIS Child Status Protection Act Policy Update
This practice alert provides an overview of updated USCIS policy on the Child Status Protection Act (CSPA), which affects noncitizens hoping to immigrate through adjustment of status as the “child” of a lawful permanent resident or other derivative “child” beneficiary and who might rely upon CSPA to remain classified as a “child” even if their biological age is 21 or older. On August 8, 2025, USCIS announced that it was reversing a 2023 policy relating to the CSPA. This alert describes the 2023 guidance, current guidance, and CSPA provisions impacted by this change.
The ICE Detained Parents Directive: How Child Welfare Agencies and Immigration Attorneys Can Advocate with ICE for Fair Treatment of Detained or Deported Parents
This resource summarizes the ICE Detained Parents Directive – a critical tool to help child welfare agencies and immigration attorneys address challenges for detained or deported parents – and explains how to use the Directive to advocate with ICE.
FOIA Results on SIJS Deferred Action Policy
On April 15, 2025, the ILRC filed a Freedom of Information Act (FOIA) request for USCIS records regarding the SIJS Deferred Action Policy. When the government failed to respond in a timely manner, we filed suit. This resource includes all documents we have received from USCIS as a result of the FOIA request, as well as a short summary of the request and results.
ILRC Comment on Termination of Deferred Action for SIJS
The ILRC strongly opposes new U.S. Citizenship and Immigration Services (USCIS) policy changes that end deferred action for youth approved for Special Immigrant Juvenile Status (SIJS).
Protecting Children in Schools Against Immigration Enforcement: What Schools and Parents Can Do
In this Resource Toolkit, we will address recent changes affecting students and school campuses and what students, parents and caregivers, and school administrators can do to prepare for immigration enforcement action at schools while highlighting the constitutional protections that remain a pillar of our democracy.
ILRC Comments on Termination of Deferred Action Programs through Form G-325A
On July 24, 2025, the ILRC submitted a comment strongly opposing the government’s proposed changes to Form G-325A and related policies that end protections for three vulnerable groups: young people with Special Immigrant Juvenile Status (SIJS), stateless individuals, and immigrant workers in the Deferred Action for Labor Enforcement (DALE) program.
ILRC Comment on USCIS Use of Derogatory Information
On July 16, 2025, ILRC submitted a comment opposing a new U.S. Citizenship and Immigration Services (USCIS) policy that allows the agency to use “derogatory information” against immigration applicants without always disclosing it.
Immigration “Wellness Checks” For Children: What sponsors, household members, and young people need to know
Community members across the country are reporting visits from immigration and other federal officers seeking to meet with certain children who entered the United States unaccompanied. These children are often referred to as “unaccompanied children” (UCs) because at the time they were arrested by immigration (such as crossing the border), they were not with a parent or legal guardian. Although these visits are sometimes described as “wellness checks,” they are part of a broader, coordinated effort to locate and deport some vulnerable young people and their sponsors. It is crucial for families
ILRC Comment on ORR Sharing Sponsor Information with ICE
On July 7, 2025, the ILRC submitted a comment opposing a new federal rule that changes how the Office of Refugee Resettlement (ORR) handles unaccompanied children.
Responding to DHS Motions to Recalendar
In recent months, the Department of Homeland Security has begun filing thousands of motions to recalendar administratively closed proceedings. This trend is raising questions about how attorneys and accredited representatives can respond to these motions and protect their clients’ interests, particularly in cases that have been administratively closed for many years. This advisory explores those questions and offers strategy considerations when determining how to proceed in each case.
Who Has Initial Jurisdiction Over UC Asylum Claims? Matter of M-A-C-O- and JOP v. DHS
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
The New Registration Requirement: Frequently Asked Questions
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.
The Laken Riley Act & Juvenile Delinquency
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
ILRC Comment on Legal and Advocacy Services for Unaccompanied Children
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.
ILRC Comment on proposed form I-360
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.
The 21st Birthday Eligibility Cutoff for SIJS
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
Understanding Child Detention in the U.S.
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
Special Parole Programs Practice Advisory
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.
ILRC Comments on Recent Changes to Acquisition of Citizenship Changes in USCIS Policy Manual
On August 12, ILRC provided feedback to USCIS on recent changes made to the acquisition of citizenship portion of the USCIS policy manual. ILRC commended the agency for providing clarity in some of the sections and provided suggested language that should be incorporated into the policy manual to ensure that all eligible applicants – including those who were previously denied and are now eligible due to changes to USCIS policy – are able to access the process now and obtain proof of their acquired citizenship.
Obtaining Office of Refugee Resettlement Records for Clients Who Were Detained as Children
Office of Refugee Resettlement (ORR) records requests are an important tool for advocates who are representing people who were detained in ORR custody as children. This practice advisory discusses the role ORR records play in an immigration case and outlines the process for requesting them.