PROTECTING IMMIGRANT CHILDREN – Special Immigration Juvenile (S.I.J.) Status Petition
Every year, thousands of young immigrants arrive in the United States alone, carrying invisible scars from unimaginable hardship. Fleeing violence, abuse, or neglect in their home countries, they often find themselves in a legal and emotional limbo. But amidst the uncertainties, a beacon of hope exists: Special Immigrant Juvenile (SIJ) status. This complex legal pathway, woven from threads of federal and state laws, offers a chance for these vulnerable young people to find safety and build a future in the US. This blog delves into the intricacies of SIJ, demystifying the process and exploring the challenges that arise from navigating the delicate interplay between state and federal jurisdictions, particularly in the state of Texas. By demystifying the legal terrain and highlighting the obstacles, we aim to empower these brave individuals and their advocates to pursue a path towards stability and belonging.
The combination of Federal Court and State Courts allows for special treatment of juvenile immigrants needing protection. An “S.I.J.” stands for Special Immigrant Juvenile status. This status is designed to protect unaccompanied juveniles entering the U.S. and who could face harm in their home countries from which the parents cannot or will not protect them. An S.I.J. petition may be filed to apply for Green Cards. The S.I.J. petition is filed under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.
The process calls for filing a petition in Family Court in order to obtain an appointment a managing conservatorship for the child. Further, an S.I.J. petition should be filed in Federal Court. After the Family Court appoints a managing conservatorship for the child, the federal authorities will review the facts surrounding the decision of the State Court. This situation may become complicated if the child is over 18 years of age. Also, some State Courts in Texas have denied Court-ordered protection for children under the age of 18, but over 17 years of age. Generally, Texas Family Code indicates that a child or minor is a person under 18 years of age. In the context the Federal Law relating to S.I.J., the act protects children under the age of 21. However, some State Courts have denied protection for persons older than the age of 18 under jurisdictional arguments, indicating that the State Courts do not have jurisdiction over those individuals. Some exceptions apply, for example, the Texas Family Code provides for managing conservatorship and child support for persons over 18 years of age that are fully enrolled in a secondary school, in a program working towards a high school diploma.
As with other rulings related to children in Texas Courts, in conjunction with S.I.J. issues, the Court must find that appointing the managing conservatorship is for a purpose that is in the best interests of the child. The federal authorities will review the facts that were used by the State Court to affirm the finding of managing conservatorship. The attorney representing the child should present evidence to the courts indicating that it would not be in the best interests of the child to be repatriated, and that reunification with at least one parent is not viable based on abuse, neglect, abandonment, etc. If managing conservatorship is obtained in State Court, and the Federal adjudicating officers and/or the Administrative Appeals Office may review and approve the conservatorship and the S.I.J. application, after which the child’s application will be processed, possibly leading to the child obtaining a Green Card.
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