Major Policy Shift: Understanding the Rescission of SIJS Deferred Action and Your Options

For immigrant youth who have suffered abuse, neglect, or abandonment, Special Immigrant Juvenile Status (SIJS) offers a vital path to safety and a potential green card. However, due to annual visa limits, many approved SIJS recipients are forced into a lengthy backlog. To provide a bridge during this wait, U.S. Citizenship and Immigration Services (USCIS) implemented a Deferred Action (DA) policy in 2022. This policy provided temporary protection from deportation and eligibility for work authorization.

The landscape of SIJS Deferred Action is changing dramatically. On April 10, 2026, USCIS announced the rescission of the 2022 SIJ deferred action policy, effective May 10, 2026. This major shift necessitates a strategic review of all pending and future SIJS cases, particularly those involving removal proceedings.

The Rise and Rescission of the 2022 SIJS Deferred Action Policy

Starting in 2022, USCIS began automatically considering SIJS recipients with approved Form I-360 petitions for four-year grants of deferred action if they were ineligible to apply for adjustment of status solely due to visa unavailability. This discretionary grant was a lifeline, allowing youth stuck in the visa backlog to obtain employment authorization and temporary protection.

However, on June 6, 2025, USCIS initially rescinded the policy. That rescission was quickly challenged in a proposed nationwide class action, A.C.R. et al. v. Noem et al., No. 1:25-cv-03962, filed in July 2025 in the U.S. District Court for the Eastern District of New York. On November 19, 2025, the court issued an order staying the government's rescission, requiring USCIS to continue DA adjudications pursuant to the 2022 policy alert.

Following comprehensive consideration, USCIS announced a definitive rescission taking effect on May 10, 2026.

Who Is Affected by the New Policy?

The May 10, 2026, effective date creates a critical dividing line for SIJS beneficiaries:

• I-360 Petitions Filed On or After May 10, 2026: For these individuals, USCIS will no longer automatically conduct deferred action determinations upon I-360 approval.
• Existing Deferred Action Recipients: Those who currently hold SIJS-based deferred action will generally retain that protection and associated employment authorization until the validity period expires.
• Renewal Requests Before May 10, 2026: Individuals who submit a renewal request for deferred action on Form G-325A before the new policy takes effect will still be considered under the more favorable 2022 policy.

It is crucial to note that USCIS retains discretion to terminate a grant of deferred action at any time, often by filing a Notice to Appear (NTA) or Notice of Termination.

Removal Defense Strategies for SIJS Petitioners

For SIJS recipients who find themselves in removal proceedings while awaiting visa availability, proactive defense strategies are essential. The goal is to prevent the Immigration Judge (IJ) from issuing a removal order, which would conflict with Congress's intent to provide a pathway to status for vulnerable youth.

Motions for Termination and Administrative Closure

Attorneys should pursue multiple avenues to keep the case off the removal track.

• Motion to Terminate (MTT): If an I-360 is approved, an MTT should be filed, arguing that the respondent has established eligibility for adjustment of status, pending visa availability. The argument is that ordering removal while the client awaits their visa is fundamentally inconsistent with the SIJS statutory scheme. While the approval itself does not guarantee termination, it is a significant factor weighing heavily in favor of a favorable exercise of discretion by the Immigration Judge.
• Administrative Closure (AC): AC temporarily removes a case from the Immigration Judge's active calendar. AC has become substantially less accessible — most recently tightened by the Board of Immigration Appeals in Matter of Cahuec Tzalam (Nov. 14, 2025), which held that AC is generally not warranted where a pending SIJS beneficiary faces an indeterminate wait for visa availability. It nevertheless remains a mechanism worth pursuing in appropriate cases, particularly where other equities are strong.

Continuances and Status Dockets

If termination or administrative closure is not immediately granted, requesting continuances (postponements) is necessary. The case can be placed on a "status docket" to await the movement of the visa bulletin. This strategy acknowledges the waiting period required by the visa backlog while ensuring the client is not immediately subject to a removal order.

Attorneys must emphasize that the client meets all criteria for SIJS adjustment of status, and only the technical visa backlog prevents them from finalizing their path to a green card.

Practical Takeaways

• File Renewals Immediately: If your SIJS client's deferred action is approaching expiration, file Form G-325A immediately, ensuring it is submitted before May 10, 2026, to maximize the chance of consideration under the prior, favorable policy.
• Approved I-360 is Leverage: An approved I-360, even without a current grant of deferred action, should be strongly leveraged in Immigration Court to pursue termination or extended continuances.
• Understand the A.C.R. v. Noem Caveat: The court litigation has secured temporary relief, but the standard applied to beneficiaries approved after June 6, 2025, may be less favorable than the automatic consideration standard.

Conclusion

The changing policies surrounding SIJS deferred action create uncertainty, but they do not negate the underlying protections provided by the approved I-360 petition. Strategic intervention in Immigration Court, utilizing motions to terminate, administrative closure, and continuances, is the most effective way to shield SIJS youth from deportation while they wait for their visa priority date to become current.

Call to action: If you or a young person you know has an approved SIJS petition and is concerned about the impact of the new deferred action policy or facing removal proceedings, contact New Horizons Legal today.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship.