Nine immigrant youth and legal service providers CARECEN-NY and Centro Legal de La Raza filed this class action lawsuit challenging the federal government’s end to the Special Immigrant Juvenile Status (SIJS) Deferred Action Policy. The SIJS Deferred Action Policy was established in 2022 to allow immigrant youth with approved SIJS petitions (and so are on the pathway to a green card) but who were awaiting their visas to obtain protection from deportation and work authorization. This allowed these young people to seek educational and employment opportunities, get driver’s licenses, and more while they waited out the years-long visa backlog. The administration in recent months ended this policy, leaving SIJS beneficiaries vulnerable to deportation. Plaintiffs are represented by the National Immigration Project, Kids in Need of Defense (KIND), Public Counsel, Davis Wright Tremaine LLP, and Lowenstein Sandler LLP.
Plaintiffs—on behalf of themselves and others similarly-situated—allege that the government’s termination of the policy violated the Administrative Procedure Act. The same day they filed the lawsuit, Plaintiffs filed a motion for class certification and a motion for a class-wide preliminary injunction to restore the SIJS Deferred Action Policy and require the government to resume adjudications of deferred action and work authorization applications, including renewals. A hearing is set for the motions on August 13.
On November 19, the court granted most of Plaintiffs’ request for a preliminary injunction. Specifically, the court stayed (paused) the rescission of the 2022 Policy while the litigation continues, meaning at this point the 2022 SIJS Policy is in effect and the government must conduct deferred action and employment authorization adjudications pursuant to the 2022 Policy. In this order, the court did not make a determination on Plaintiffs’ class certification request.
Technical Summary
Plaintiffs allege that the agency’s rescission of the SIJS Deferred Action Policy is in violation of the APA because it is arbitrary and capricious, contrary to USCIS regulations making individuals with deferred action eligible to apply for work authorization, an Accardi doctrine violation for failure to comply with the agency’s own policies on SIJS deferred action, and because the agency failed to follow APA rulemaking procedure.
Plaintiffs seek preliminary and permanent injunctive relief and declaratory relief for themselves and the purported classes. Plaintiffs seek to represent three classes of noncitizens: (1) SIJS beneficiaries who will no longer be considered for deferred action because of Defendants’ end to the policy; (2) SIJS beneficiaries granted deferred action who cannot renew because of Defendants’ end to the policy; and (3) SIJS beneficiaries who will not have their work permit applications adjudicated because of Defendants’ end to the policy.
Latest Updates
- 07/17/2025
Full Timeline and Documents
- 07/17/2025
