Deferred Action for Special Immigrant Juveniles: Rescission, Court Stay and the 2026 Memo

Young people with an approved Special Immigrant Juvenile petition often wait years for a visa number. Since 2022, USCIS had automatically considered them for deferred action and work permits during that wait. The policy was rescinded in 2025, restored by a court, and targeted again by a new USCIS memorandum.

Why deferred action mattered

SIJ classification is available to children under 21 who have been the subject of state juvenile court proceedings and for whom the court has found that reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar basis, and that returning to the home country is not in their best interest. An approved Form I-360 does not by itself give lawful status or a work permit. To become a permanent resident, the young person must wait until an immigrant visa number is available in the EB-4 category, which for many countries has meant years. Our overview of Special Immigrant Juvenile Status explains the requirements in more detail.

In March 2022 USCIS addressed that gap by automatically considering approved SIJ beneficiaries for deferred action, a discretionary decision not to pursue removal that also allows the person to apply for employment authorization.

The 2025 rescission and the court's stay

On June 6, 2025, USCIS issued Policy Alert PA-2025-07, which eliminated automatic consideration of deferred action and related employment authorization for SIJ beneficiaries who could not adjust status because of visa unavailability. The alert stated that neither an approved I-360 nor a juvenile court's best-interest determination was a sufficiently compelling reason, supported by statute or regulation, to continue a deferred action process for this group. Litigation later revealed that the agency had stopped making these decisions internally in April 2025.

Young people and advocates challenged the change in A.C.R. v. Noem in the Eastern District of New York. On November 19, 2025, the court stayed the rescission, finding that the way it was adopted was unlawful, and USCIS resumed automatic consideration and renewals. On January 14, 2026 the court denied a motion for reconsideration, while noting that its order did not bind USCIS to the favorable presumptions of earlier Policy Manual language.

The new memorandum

USCIS then issued a new policy memorandum, PM-602-0198, re-examining the SIJ deferred action policy and again eliminating automatic consideration for requests filed on or after 30 days from its publication. Under that approach, deferred action remains available only on a discretionary, case-by-case basis in compelling cases. Because the earlier rescission was set aside for procedural reasons, the new memo is likely to be scrutinized as well. Families and practitioners should confirm whether it is in effect before filing.

Practical steps for SIJ youth

• Keep copies of the juvenile court order, the I-360 approval notice and any deferred action or EAD decisions.
• Track age-out issues carefully. SIJ protections are tied to age and to the juvenile court's jurisdiction, and state rules differ.
• If seeking deferred action under the new standard, document compelling circumstances, such as health, education, caregiving or safety concerns.
• Remember that removal proceedings, if any, run separately. Our article on how child abuse affects deportation cases covers related protections.
• When an I-360 or a related request sits far beyond normal processing times, federal remedies may be considered; see this overview of SIJS petition delays.

For how deferred action compares with other temporary protections, see TPS versus DACA.

How the SIJ process works

1. State juvenile court order. A state court with jurisdiction over the child's care and custody makes the required findings about abuse, neglect, abandonment or a similar basis, and about the child's best interest.
2. Form I-360. The young person files a petition with USCIS before turning 21, attaching the court order.
3. Waiting for a visa. Adjustment of status requires an available EB-4 visa number, which depends on the Visa Bulletin and the country of birth.
4. Adjustment of status. When a visa is available, the young person files Form I-485; certain grounds of inadmissibility do not apply to SIJ applicants.

The deferred action debate concerns step three: the years between an approved I-360 and the moment a visa becomes available. During that period, a young person without deferred action generally has no work permit and remains exposed to enforcement, which is why the 2025 and 2026 policy changes matter so much.

Frequently Asked Questions

Does losing deferred action mean my SIJ petition is cancelled?

No. Deferred action and SIJ classification are separate. An approved I-360 remains approved unless revoked, and the young person can still adjust status when a visa becomes available.

Can SIJ youth still get a work permit?

With deferred action, yes. Under the new memo, deferred action is discretionary and case-by-case, so a work permit depends on obtaining it.

What is the case number of the lawsuit?

A.C.R. v. Noem, No. 1:25-cv-03962 (E.D.N.Y.).