Among the many immigration-related policy changes implemented in the last few months under the Trump administration, of recent development are policies impacting immigrant youth (those under 21). This post focuses specifically on recent policy developments affecting individuals granted Special Immigrant Juvenile (SIJ) status.
Background
Special Immigrant Juvenile (SIJ) status is a classification under U.S. immigration law available to unmarried individuals under the age of 21 who have been the subject of a qualifying order issued by a U.S. state juvenile court. That order must find that the individual was abused, neglected, abandoned or subjected to a similar basis under state law by one or both parents, and that it is not in the youth’s best interest to return to their country of origin. This process involves two steps: (1) the youth needs to secure an order from a state court with jurisdiction over juveniles declaring one or both of the youth’s parents abandoned, neglected or abused (or on another state-law basis) the youth and it is not in the youth’s best interest to return to their country of origin; and (2) the youth must then file a self-petition for SIJ classification with United States Citizenship and Immigration Services (USCIS) before turning 21 years old. SIJ classification is a path to permanent residency in the United States, but the youth would have to wait about four years after filing the petition before they can apply for residency due to growing immigrant visa backlogs.
Historically, even those youth who had SIJ approval were not entitled to any kind of legal status, much less work authorization, until they were eligible to apply for residency. This was not a major issue back then since the visa backlog was manageable. As visa backlogs continued to grow and many of these youth remained in legal limbo for years, the Biden administration, in December 2022, began extending consideration of deferred action to individuals with approved SIJ petitions. Deferred action is not a legal status per se, but it is a discretionary policy that allows for temporary protection from removal from the United States and provides work authorization. A classic example is Deferred Action for Childhood Arrivals (DACA). Those with an approved SIJ petition who were granted deferred action for four years could therefore remain in the United States and have work authorization while waiting their turn to apply for residency.
Changes Under the Trump Administration
That policy shift was short-lived: on June 6, 2025, the Trump administration rescinded deferred action eligibility for SIJ beneficiaries. Between June 2025 and November 2025, USCIS issued approved SIJ petitions without the deferred action protection. That rescission was later paused when, on Nov. 19, 2025, the U.S. District Court for the Eastern District of New York issued a stay blocking the June 2025 policy change. Thus, USCIS has reverted back to the original December 2022 policy of considering deferred action for approved SIJ beneficiaries.
The court was unclear whether this would apply to those who received SIJ approvals between June 2025 and November 2025, but the court does require that the government “conduct deferred-action and employment-authorization adjudications pursuant to the 2022 Policy Alert,” which suggests those within the June 2025 and November 2025 timeframe of approvals are now subject to consideration for deferred action. Thus, as of the time of this writing, deferred action for SIJ approvals remains in place. Yet, the litigation revolving around this issue is in flux and subject to change, as well as any future policy adjustments by the Trump Administration.
Conclusion
The recent back-and-forth surrounding deferred action for Special Immigrant Juvenile beneficiaries underscores the instability that can accompany immigration policy changes, particularly for vulnerable youth who rely on these protections while waiting years for permanent residence. Although the November 2025 court-ordered stay has temporarily restored consideration of deferred action under the December 2022 policy, the legal landscape remains unsettled and subject to further litigation or administrative action. SIJ beneficiaries, their families, and practitioners should closely monitor developments and seek timely legal guidance to understand how these changes may affect eligibility for protection from removal and work authorization as this issue continues to evolve.
Harris Beach Murtha’s Immigration Practice Group is tracking this and related immigration matters and will report out any significant developments. Our team provides immigration counsel to both individuals and some of the nation’s largest and most complex institutions, including the largest public university system, the largest public health care system, and the leading smart home and solar provider in the country.
If you have questions on this or any other immigration topic, please contact attorney Christian P. Burr at (860) 240-6131 or cburr@harrisbeachmurtha.com, or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
