April 2026 – Immigration News | D’Britto Law Group
The U.S. Citizenship and Immigration Services (USCIS) has issued a significant policy shift impacting vulnerable immigrant youth by eliminating the automatic consideration of deferred action for Special Immigrant Juveniles (SIJs). The change, outlined in Policy Memorandum PM-602-0198 and highlighted by the American Immigration Lawyers Association (AILA), represents a major departure from prior protections available to SIJ beneficiaries.
Background on SIJ Deferred Action Policy
Special Immigrant Juvenile Status (SIJS) is designed to protect children who have been abused, neglected, or abandoned. Historically, many SIJ recipients faced long wait times for green cards due to visa backlogs. To bridge this gap, USCIS implemented a policy in 2022 that automatically considered SIJ beneficiaries for deferred action, allowing them to remain in the United States and apply for work authorization while awaiting visa availability.
Deferred action became a critical safeguard, providing temporary protection from removal and access to employment authorization for thousands of immigrant youth.
The New Policy: End of Automatic Protection
Under Policy Memorandum PM-602-0198, USCIS has eliminated the automatic consideration of deferred action for SIJ recipients who are unable to adjust status due to visa unavailability.
This means:
SIJ approval alone will no longer trigger a review for deferred action.
Eligible individuals must now affirmatively request deferred action, and approval is no longer presumed.- USCIS retains full discretion and is not required to treat SIJ status as a strong positive factor.
- The policy applies to requests filed 30 days after the memorandum’s publication, signaling an immediate shift in adjudication practices.
Legal and Policy Context
This change follows a turbulent policy history:
- In June 2025, USCIS rescinded the 2022 deferred action policy, ending routine grants of protection for SIJs.
- Litigation in A.C.R. v. Noem temporarily reinstated aspects of the policy, but subsequent court clarification limited its scope.
- The new memorandum formalizes USCIS’s position that government interests outweigh reliance interests of affected youth.
Practical Impact on SIJ Beneficiaries
The consequences of this policy shift are substantial:
SIJ recipients who cannot immediately apply for lawful permanent residence may now face increased vulnerability to removal proceedings. Without automatic deferred action, many will lose access to employment authorization and the stability previously afforded under the 2022 framework.
Although deferred action remains theoretically available, it is now purely discretionary and individualized, introducing uncertainty and potential risk—particularly given USCIS’s authority to issue Notices to Appear (NTAs) in certain cases.
Key Takeaways for Practitioners
- Immigration attorneys and advocates should adjust strategy immediately:
- Evaluate whether requesting deferred action is beneficial or carries enforcement risks.
- Prepare stronger discretionary arguments beyond SIJ classification alone.
- Monitor ongoing litigation and policy updates that may further affect SIJ protections.
Conclusion
USCIS’s decision to eliminate automatic deferred action for Special Immigrant Juveniles marks a significant contraction of humanitarian protections within the immigration system. As backlogs persist and visa availability remains limited, this policy shift places already vulnerable youth in a more precarious legal position.
Close monitoring of agency guidance and litigation developments will be essential in navigating this evolving landscape.