Special Immigrant Juvenile Status in 2026: What California and New York Families Need to Know Now

2025 was a turbulent year for immigrant youth. In June, the federal government ended deferred action for special immigrant juvenile status recipients, stripping thousands of young people of their protection from removal and work authorization. In November, a federal court ordered those protections restored.

The legal battle is ongoing, the policy landscape is unstable, and families in California and New York are caught in the middle. If your child may qualify for SIJS, or you have a petition pending, understanding where things stand in 2026 is urgent.

At Aftalion Law Group, we represent SIJS youth in both Los Angeles and New York. Here is what you need to know right now.

What this blog covers:

• What special immigrant juvenile status is, and who qualifies
• The June 2025 rescission of deferred action and what it meant
• The November 2025 court ruling in A.C.R. v. Noem that restored protections
• How California and New York courts handle SIJS cases
• Steps families should take right now

What Is Special Immigrant Juvenile Status?

Special immigrant juvenile status is a humanitarian protection for immigrant youth who have been abused, abandoned, or neglected by one or both parents. To qualify, a U.S. state court must first issue an order finding that the child cannot safely be reunified with at least one parent, and that returning to their home country is not in their best interest.

Once USCIS approves the Form I-360 petition, the youth becomes eligible to apply for a green card through the EB-4 visa category. Because of severe visa backlogs, most SIJS recipients wait years before a visa number becomes available and they can actually apply for permanent residence.

To be eligible, the youth must:

• Be under 21 years old and unmarried
• Be physically present in the United States
• Have a qualifying court order from a state juvenile court (in California, a Superior Court; in New York, Family Court or Surrogate’s Court)
• Demonstrate that reunification with at least one parent is not viable due to abuse, abandonment, or neglect

What Happened in 2025: The Rescission and the Court Ruling

Since December 2022, USCIS has automatically considered deferred action for SIJS youth waiting on visa backlogs. Deferred action is not a legal status, but it protects youth from removal and allows them to obtain work authorization while waiting for their priority date to become current.

On June 6, 2025, USCIS abruptly rescinded that policy, ending deferred action without warning. Youth with approved SIJS petitions but no visa number suddenly had no deportation protection. Some were detained by ICE, including a New York high school graduate held in Louisiana for nearly three months before a federal judge ruled his detention unlawful.

On November 19, 2025, Judge Eric Komitee of the Eastern District of New York issued a stay in A.C.R. v. Noem, blocking the rescission and ordering USCIS to resume deferred action under the 2022 policy. The court found the government acted unlawfully by ignoring reliance interests and failing to justify the reversal. As of 2026, the 2022 policy is back in effect, but the underlying litigation remains unresolved.

How California and New York Handle SIJS Cases

SIJS requires a state court order before USCIS can adjudicate the federal petition, so the process varies by state. Families in Aftalion Law Group’s two primary markets navigate different court systems, and knowing which court to approach is essential.

California

In California, SIJS orders are typically issued by the Superior Court in the county where the child lives. The court must find dependency, guardianship, or custody jurisdiction and determine that reunification with at least one parent is not viable and that returning to the home country is not in the child’s best interest. California courts are experienced in making these findings for immigrant youth.

New York

New York Family Court and Surrogate’s Court both have jurisdiction to issue SIJS orders depending on the circumstances. New York extends juvenile jurisdiction to age 20, meaning youth remain eligible up to their 21st birthday. With the November 2025 ruling coming out of the Eastern District of New York, the legal climate here is particularly active for SIJS cases right now.

What Families Should Do Right Now

If you have a child who may qualify, or already has an approved SIJS petition, these steps matter:

• File Form I-360 before the child turns 21. This deadline cannot be extended under almost any circumstances.
• If the petition was approved between June and November 2025, consult an attorney immediately. The court ruling may entitle those youth to deferred action consideration that they were denied.
• Do not ignore any USCIS notices or ICE contact. Respond promptly and with legal support.
• Keep your attorney updated on any changes to the child’s court case, address, or family situation.