Abused and neglected youths granted immigration protections are being detained and deported
Abused and neglected youths eligible for green card protections are being detained and deported
Young immigrants who endured abuse or abandonment in their home countries were granted a pathway to permanent residency via the Special Immigrant Juvenile Status (SIJS) program. However, under the Trump administration, many of these youth were detained and deported despite their eligibility. From January 20 to December 22 of last year, Immigration and Customs Enforcement (ICE) detained 265 and deported 132 individuals with SIJS, as revealed in a letter from the Department of Homeland Security to Senator Catherine Cortez Masto, D-Nev., exclusively shared with NBC News.
“They are tearing them away from the stability they’ve built, the lives they’re working toward with permanent protection,” said Rachel Davidson, director of the End SIJS Backlog Coalition, a group within the National Immigration Project.
The SIJS program was established in 1990 by Congress to shield minors from deportation if they had been victims of abuse, abandonment, or neglect abroad. Eligible youth must be under 21 when applying for the status. Due to delays in processing green card applications, a policy known as deferred action protected SIJS recipients from removal since 2022, allowing them to work legally in the U.S. while awaiting visa resolution.
In June, the Trump administration discontinued this deferred action policy. However, the measure is currently paused as it undergoes legal review. The Department of Homeland Security claimed SIJS does not provide lawful status, citing allegations of fraud and misuse, including cases where adult gang members were admitted under the Biden administration. Cortez Masto emphasized that these youths are fleeing “horrific conditions” and are protected by specific legal provisions to prevent further harm.
Emma Israel, a senior policy analyst at Kids in Need of Defense, noted the deportation numbers “were much higher than expected.” The agency stated that 132 individuals were deported for immigration infractions, such as entering the country without authorization or lacking valid visas. Federal data did not specify whether any faced criminal charges or convictions.
Elias, a 16-year-old, was deported to Guatemala in May 2025 despite being granted SIJS in July 2024. He arrived in the U.S. alone at age 14 in 2023 after enduring “severe physical and emotional abuse and neglect at the hands of his mother,” according to court documents filed to challenge his removal. After being released from immigration custody, he lived with his father and relatives in Louisiana, where he was often left alone for days without food.
“The neglect he faced was constant: Elias was frequently left alone for days or even weeks without access to food. Although other family members tried to help, he lived in fear of his mother and her partner, and his home became a place of anxiety and danger,” the complaint stated.
Deferred action was terminated in April 2024 without prior notice or explanation, as detailed in the complaint. The following month, Elias’ father was briefly detained by ICE and instructed to return to Guatemala with his children. On May 21, 2025, agents deported Elias to Guatemala after holding him in a hotel room in Alexandria, Louisiana, for approximately 12 hours, without allowing contact with his attorney. The National Immigration Project called this action a “flagrant violation” of federal law and constitutional rights.
DHS argued that Elias “was NOT illegally removed” and that both he and his father received full due process, with the father choosing to accompany his son in the deportation. The case remains active, with other youths still in ICE custody as the legal battle continues.
