The Immigrant Legal Resource Center (ILRC) is one of only a few technical assistance organizations nationally and in California with expertise on immigrant youth, including unaccompanied minor (UAC) issues. Undocumented immigrant children are an extremely vulnerable population, especially when they enter foster care, removal proceedings, and/or the juvenile justice system. The ILRC works to expand the rights of these immigrant children through policy and advocacy efforts, numerous in-person and webinar trainings, and case-specific assistance. We also write one of the only national publications addressing immigrant youth issues entitled, Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth.
Many immigrant youth in the United States may be eligible to apply for lawful immigration status. One of the most common immigration options for immigrant youth is special immigrant juvenile status (SIJS), which is a pathway to a green card for immigrant children who have been abused, abandoned, or neglected by one or both of their parents. Other common forms of relief for children include U visas (for children who were victims of crimes), relief under the Violence Against Women Act (for children who were abused by a U.S. citizen or permanent resident parent or spouse), and asylum (for children who are afraid of returning to their home country).
Latest Resources
Practice Advisory
Resources
Publication Date
03/20/2025
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 precedent in immigration law that treats acts of juvenile delinquency as distinct from adult criminal acts. However, given that this is a new law with unclear drafting, we also provide tips for juvenile defense attorneys to help clients avoid charges that could implicate the mandatory detention provision of the LRA.
Public Comments / Sign-on Letters
Resources
Publication Date
12/16/2024
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.
Public Comments / Sign-on Letters
Resources
Publication Date
12/16/2024
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.
Practice Advisory
Practice Advisory
Resources
Publication Date
11/15/2024
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 court cases to highlight successful and unsuccessful arguments when the SIJS petition is filed on or after the youth’s 21st birthday.
FAQs & Explainers
Resources
Publication Date
11/14/2024
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 just possible but necessary.
Practice Advisory
Resources
Publication Date
09/12/2024
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.
Public Comments / Sign-on Letters
Resources
Publication Date
08/12/2024
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.
FAQs & Explainers
Resources
Publication Date
07/17/2024
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.
Practice Advisory
Resources
Publication Date
04/26/2024
This updated guidance, written with our partners Immigrant Legal Defense (ILD), International Rescue Committee (IRC), and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for special immigrant juvenile status (SIJS) in California. It incorporates guidance from the 2022 SIJS regulations as well as the USCIS Policy Manual, and includes helpful citations to California law. It also includes sample predicate orders from family, probate, dependency, and delinquency courts.
FAQs & Explainers
Resources
Publication Date
04/18/2024
This resource - created in partnership with the End SIJS Backlog Coalition, CILA, and NIPNLG - addresses common questions and myths about the visa bulletin, how to talk to clients about the SIJS backlog, and how both advocates and directly impacted young people can get involved in the Coalition’s work to end the backlog and its harms.
Related Products
Webinar
Webinar
We will review how the CSPA protects certain family-based beneficiaries of immigrant visa petitions and how to calculate the CSPA age. We will also review when the Visa Bulletin is involved, and when and how visa regression affects the CSPA age. Finally, we will touch on the rules regarding recapturing priority dates, discuss strategies for clients in danger of “aging out” who may not be protected by CSPA, and address a recent USCIS policy update pertaining to CSPA.
Webinar
Webinar
This webinar will provide an introduction to special immigrant juvenile status (SIJS) - a unique path to immigration status for young people under the age of 21. We will provide an overview of the legal requirements and process of seeking SIJS and SIJS-based adjustment of status, all the way from state juvenile court to adjustment of status.
Webinar
Webinar
Level: Intermediate
Eligibility for special immigrant juvenile status (SIJS) requires the involvement of a state juvenile court. This webinar will go over what needs to be included in a successful SIJS state court predicate order, looking at guidance contained in the USCIS Policy Manual and the new SIJS regulations. We will then take a more detailed look at successful state court orders in both California and Texas as a way to see this guidance in action.
Presenters
Rachel Prandini - Staff Attorney, ILRC
Rachel is one of ILRC’s staff attorneys based in San Francisco. Rachel focuses on immigrant youth issues, including unaccompanied minors and immigrant youth in the juvenile justice and child welfare systems. Rachel provides technical assistance and trainings to immigration and state court attorneys, social workers, and judges. She works on statewide and national policy that affects the rights of immigrant youth and is frequently consulted for her expertise in Special Immigrant Juvenile Status. Rachel co-authored the ILRC’s publication Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth.
Prior to joining the ILRC, Rachel represented detained and released unaccompanied minors in removal defense and led a project focusing on Special Immigrant Juvenile Status at Esperanza Immigrant Rights Project in Los Angeles. While at Esperanza, Rachel also performed "Know Your Rights" work in southern California immigration detention centers for minors. Previously, Rachel worked as an associate at Paul Hastings, LLP and volunteered as a Child Advocate for unaccompanied minors.
Rachel earned her law degree from the University of California at Davis, where she was a member of the Immigration Law Clinic and worked on complex deportation defense cases and detention issues. She received her undergraduate degree from Westmont College, where she double-majored in philosophy and political science. Rachel is admitted to the bar in California. She is conversant in Spanish.
Dalia Castillo-Granados - Co-Founder and Director, Children’s Immigration Law Academy (CILA)
Dalia Castillo-Granados is the co-founder and director of the Children’s Immigration Law Academy (CILA), a project of the American Bar Association (ABA) Commission on Immigration. Dalia is a frequent speaker on Special Immigrant Juvenile Status (SIJS) and led the effort at the ABA to advocate for deferred action for SIJS youth stuck in the visa backlog. Prior to working at CILA, Dalia was a senior attorney at Kids in Need of Defense, a staff attorney at Tahirih Justice Center, a clinical supervising attorney at the University of Houston’s Immigration Clinic, and a Greenberg Traurig, LLP Equal Justice Works fellow at Catholic Charities’ Cabrini Center. Throughout her career, Dalia has represented hundreds of children in their immigration proceedings and before Texas state courts.
Eligibility for special immigrant juvenile status (SIJS) requires the involvement of a state juvenile court. This webinar will go over what needs to be included in a successful SIJS state court predicate order, looking at guidance contained in the USCIS Policy Manual and the new SIJS regulations. We will then take a more detailed look at successful state court orders in both California and Texas as a way to see this guidance in action.
Presenters
Rachel Prandini - Staff Attorney, ILRC
Rachel is one of ILRC’s staff attorneys based in San Francisco. Rachel focuses on immigrant youth issues, including unaccompanied minors and immigrant youth in the juvenile justice and child welfare systems. Rachel provides technical assistance and trainings to immigration and state court attorneys, social workers, and judges. She works on statewide and national policy that affects the rights of immigrant youth and is frequently consulted for her expertise in Special Immigrant Juvenile Status. Rachel co-authored the ILRC’s publication Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth.
Prior to joining the ILRC, Rachel represented detained and released unaccompanied minors in removal defense and led a project focusing on Special Immigrant Juvenile Status at Esperanza Immigrant Rights Project in Los Angeles. While at Esperanza, Rachel also performed "Know Your Rights" work in southern California immigration detention centers for minors. Previously, Rachel worked as an associate at Paul Hastings, LLP and volunteered as a Child Advocate for unaccompanied minors.
Rachel earned her law degree from the University of California at Davis, where she was a member of the Immigration Law Clinic and worked on complex deportation defense cases and detention issues. She received her undergraduate degree from Westmont College, where she double-majored in philosophy and political science. Rachel is admitted to the bar in California. She is conversant in Spanish.
Dalia Castillo-Granados - Co-Founder and Director, Children’s Immigration Law Academy (CILA)
Dalia Castillo-Granados is the co-founder and director of the Children’s Immigration Law Academy (CILA), a project of the American Bar Association (ABA) Commission on Immigration. Dalia is a frequent speaker on Special Immigrant Juvenile Status (SIJS) and led the effort at the ABA to advocate for deferred action for SIJS youth stuck in the visa backlog. Prior to working at CILA, Dalia was a senior attorney at Kids in Need of Defense, a staff attorney at Tahirih Justice Center, a clinical supervising attorney at the University of Houston’s Immigration Clinic, and a Greenberg Traurig, LLP Equal Justice Works fellow at Catholic Charities’ Cabrini Center. Throughout her career, Dalia has represented hundreds of children in their immigration proceedings and before Texas state courts.
Webinar
Webinar
This webinar will cover forms of relief and issues for children and youth, beyond asylum and SIJS, such as CSPA, 245(i), recapturing priority dates, selected inadmissibility issues and other children’s issues. It will give practitioners who are already well versed in UC asylum and SIJS cases an overview of these other forms of relief and the challenges inherent to representing children, in order to identify alternatives for youth and young adult clients and recognize potential problems and pitfalls.
Webinar
Webinar
As changes continue to unfold with the DACA program and many immigrant youth have been left out of the program, it is important that immigrant youth are being screened and informed of all immigration options. Immigration law provides a path for individuals to obtain lawful permanent residence through employment-based (EB) “preference immigrant” categories, but it is often an unfamiliar area for many practicing immigration law. This webinar will focus on screening for EB options, the process for applying for an EB visa, and obtaining a green card. Presenters will also give information on resources available for those who are interested in learning more about the process and partnering with agencies already working in this area of law.
Webinar
Webinar
This webinar will review the legal requirements and practical steps for seeking SIJS-based adjustment of status before EOIR. The presenters will assume prior familiarity with Special Immigrant Juvenile Status.