The Federal Government is Denying Permanent Residence Applications for Unaccompanied Immigrant Youths based on a Misinterpretation of New York State Law, New York Attorney General Barbara D. Underwood, argued in a Brief filed in Federal Court on Thursday.
The Brief, part of a Class-Action Lawsuit pending in the U.S. District Court in Manhattan, Challenges the Federal Government's Recent Denial of Special Immigrant Juvenile Status (SIJS) to Four New York-based Applicants.
SIJS was enacted in 2008 to create a Legal Pathway to Lawful Permanent Residence for Unaccompanied Minors under the Age of 21 who have been Abused, Abandoned, or Neglected by One or Both Parents.
An Unannounced Change earlier this year marked a Sharp Departure from a Decade of Federal Policy, as the Administration of President Trump determined that New York Residents between 18 and 21 years of age No Longer Qualify for the Status, according to Underwood's Office.
"Over and over again, the Trump administration's outright hostility to immigrants has put people's lives at risk and harmed our state. This isn't just cruel and un-American — it's unlawful," Underwood said.
The SIJS Statute allows Qualifying Immigrants to remain in the United States as Lawful Permanent Residents if a "Juvenile Court" has Determined that it would not be in their Best Interest to Return to their or their Parents' Home Country and that Reunification with One or both Parents is not Viable. In New York, those Cases are normally handled by Family Court Judges, who, following an Investigation, determine whether a Child's Safety requires Protection from a Court.
New York's Family Court Act Grants Family Court the Power to Determine the Custody of Youths between ages 18 and 21, including through the Power to Appoint Guardians.
The Federal Government has for Decades deferred to New York's Determination that New York Family Court Qualifies as a "Juvenile Court." It recently Reversed that Deference, Rejecting Applications from Applicants between ages 18 and 21 on the Grounds that Family Court supposedly lacks Jurisdiction to make determinations affecting the Custody of those Applicants and Lacks the Power to Reunify Youths with their Parents.
Underwood's Brief argues that the Federal Government has Misinterpreted the Law in both Respects.
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