Update

Please call your representatives and ask them to support the Protect Vulnerable Immigrant Youth Act. Introduced in the 119th Congress (June 5, 2025) by Senator Catherine Cortez Masto [D-NV] in the Senate as S. 1965 and by Representative Jimmy Gomez [D-CA-34] in the House as H.R. 3763 (along with co-sponsors including Reps. Zoe Lofgren and Adriano Espaillat). This act has been stuck in committee since it was introduced, but now with a Democratic majority and new Democratic committee chairs appointed, it has a chance to move forward. This act would also protect immigrant youth who have already been granted SIJS by amending the Immigration and Nationality Act to eliminate employment-based visa caps (specifically removing them from the EB-4 preference category) for children classified with Special Immigrant Juvenile Status, ending the visa backlog for this particular group of vulnerable youth. By shifting SIJS classifications out of these employment-based limits, the act aims to allow eligible youth to access lawful permanent resident status immediately after approval. The legislation has received backing from numerous advocacy organizations, including the American Immigration Council, the American Immigration Lawyers Association (AILA), KIND (Kids in Need of Defense), and the End SIJS Backlog Coalition.

******* (info below about original petition, but please support the Protect Vulnerable Immigrant Youth Act instead (linked above). It would have the same outcome of protecting these youth from deportation, and has already been introduced in the Senate and the House and has some momentum. ********

We are asking Representatives to introduce the Refugee Foster Children Protection Bill  in the 120th Congress. It would protect children already approved by USCIS as Special Immigrant Juveniles (SIJ) from deportation while they wait, often for years, for a visa number so they can apply for a green card.

SIJ classification is for children who have been abused, neglected, or abandoned, after a state juvenile court finds that returning to their home country is not in their best interest. Approval does not come with a green card. SIJ falls under the fourth employment-based preference (EB-4), which has annual and per-country limits, so an approved child must wait for a visa number before applying for permanent residence. USCIS Immigration and Citizenship Data reports that over 100,000 to 150,000 youth with approved Special Immigrant Juvenile Status (SIJS) are waiting in the EB-4 visa backlog for a green card.

During that wait the child has no protection from removal. Children in refugee foster care who have already been approved for SIJ are receiving deportation orders before they are eligible to apply for their green cards.

A 15-year-old girl from Guatemala entered Michigan foster care after abuse made reunification with her family unsafe. After more than two years in a stable foster home, a court determined that remaining in the United States was in her best interests and she became eligible for Special Immigrant Juvenile Status (SIJS). However, before obtaining permanent status, she was placed in removal proceedings. Deporting a youth with no safe family reunification option would undermine the safety, permanency, and stability that the foster care system is intended to provide.

From 2022 until 2025, USCIS considered SIJ-approved youth who were waiting for a visa number for deferred action and work authorization. USCIS rescinded that policy in 2025, and the rescission was challenged in federal court before becoming effective May 10, 2026. This bill would put that protection into statute, so it no longer depends on agency policy.

This bill would
•      Require DHS to grant deferred action to anyone with an approved SIJ petition who cannot yet apply for a green card because a visa number is not available.

•      Keep that protection in place until the green card application is decided, including after the youth turns 18 or 21 or leaves foster care.

•      Authorize the youth to work, which matters most for those aging out of foster care.

•      Bar removal while an application is pending or deferred action is in effect, including for children who already have removal orders.

•      Require DHS to decide applications within 90 days, with a limited extension for national security review.

•      Require biometrics and criminal and national security background checks.

An agency policy can be withdrawn, as this one was; a statute gives these children protection that does not change with each administration. The root cause is the EB-4 visa backlog, and bills that exempt SIJ youth from the numerical caps would end the wait altogether [e.g., the Protect Vulnerable Immigrant Youth Act in past Congresses]. This bill is narrower. It adds no visas and changes no caps; it protects children only while they wait, under a policy DHS has already administered.

We are asking Representatives to introduce this bill early in the 120th Congress, working with House Legislative Counsel on the final text, and to seek a Senate companion.