A federal judge in New York delivered another setback to the Trump administration on Wednesday and ordered the administration to immediately resume a protection program for young immigrants who are victims of violence.
The decision comes several months after federal immigration services ended this measure. As a result, thousands of young people lost an essential safety net.
A Program Suspended in June and Deemed Indispensable by the Court
Federal Judge Eric Komitee of the Brooklyn district court ordered U.S. Citizenship and Immigration Services (USCIS) to resume processing deportation protection requests filed by beneficiaries of Special Immigrant Juvenile Status (SIJS), a form of immigration relief for children and adolescents who have been abused, neglected, or abandoned by a parent. Obtaining SIJS requires a joint process involving both state court findings and USCIS approval.
USCIS had abruptly terminated a program launched in 2022 that allowed these young people, often without resources or family support, to request temporary protection from deportation while waiting for a visa to become available. Following this decision, a judge suspended the termination pending the outcome of legal proceedings initiated by several plaintiffs in July.
A Right to “Breathe” While Waiting for a Visa to Become Available
SIJS status, created in 1990 with rare bipartisan support in Congress, does not automatically confer lawful permanent residence. However, it allows beneficiaries to apply for a visa and, eventually, a green card. But annual quotas can sometimes lead to interminable delays, particularly for nationals of certain Latin American countries. Under the Biden administration, young people granted SIJS status could obtain protection from deportation and a work permit while waiting their turn on the visa waiting list. Since the Trump government eliminated the program, these young people have been immediately exposed to deportation, without the right to work legally, and above all, without the possibility of obtaining permanent residence if removed to their country of origin.
Attorney Stephanie Ellie Norton, who represents the plaintiffs, said the court’s decision shows both a legal and human reality. She explained:
“The heart of the court’s decision is that the government cannot simply pull the rug out from under hundreds of thousands of young people as it did, without taking into account how they have built their entire lives around the existing policy.”
Immediate Impact for Protected Youth and New Applicants
The judge’s order is clear:
- Former program beneficiaries will be able to renew their protection requests.
- New applicants will have the right to submit a request.
- USCIS also has to resume processing work permit requests linked to this status.
The Department of Homeland Security (DHS) and USCIS have not publicly responded to the decision. According to The Independent, the agencies “did not immediately respond to requests for comment.”
A Major Dispute Over the Future of Humanitarian Protections
The legal proceedings continue, as the judge has not yet ruled on class action certification. For immigrant rights advocacy organizations, this case could become one of the most important humanitarian protection matters of the Trump era.
In the meantime, the decision offers welcome relief to thousands of young people who often arrived in the United States at a very early age, attended school, and faced lengthy, complex administrative procedures. Many say they have built their lives around the stability provided by the measure that was in place before its elimination.
