English Recording with Closed Captioning

New Regulations, Policies, and Court Rulings: The Impact on State Courts Issuing SIJS Orders (PowerPoint)

Faculty Presenters

• Leslye E. Orloff, Adjunct Professor and Director, NIWAP, American University Washington College of Law
• David B. Thronson, Professor and Associate Dean for Experimental Education, Michigan State University College of Law
• Hon. Victor Reyes (Ret.), National Council of Juvenile and Family Court Judges (NCJFCJ)

Useful Resources

• State Justice Institute (SJI) and National Judicial Network Training Materials

NIWAP Materials

If you have difficulty accessing this or any publication please contact for assistance NIWAP at (202) 274-4457 or info@niwap.org

Demographics Information

• All State Demographics

Forms of Immigration Relief

• Family Court Bench Card on Immigration Relief for Battered Spouses, Children, and Immigrant Crime Victims

Immigration Relief for Crime Victims and Children

Know Your Rights Information and Bench Cards

• DHS Interactive Infographic on Protections for Immigrant Victims
• Immigration Options for Victims of Crime -DHS Brochure
• Multilingual Materials for Victims and Advocates
• Pathways to Immigration Relief for Students
• Immigration Relief for Abused Children
• Special Immigrant Juvenile Status: Information for Juvenile Courts
• Special Immigrant Juvenile Status: Information for Child Welfare Workers
• Bench Card: Overview of Types of Immigration Status

Special Immigrant Juvenile Status, Child Abuse & Protective Battered Immigrant Parents
Training Materials

• Answers to Questions from State Court Judges on the 2022 Special Immigrant Juvenile Status (SIJS) Regulations

Full SIJS Bench Book Training Manual

• The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts

SIJS Bench Book Table of Contents

• Chapter I – Introduction to Special Immigrant Juvenile Status
• Chapter II – Details About Special Immigrant Juvenile Status (SIJS) Findings
• Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings
• Chapter IV – Application of the Best Interest of the Child Standard in SIJS
• Chapter V-1 – Adoption Quick Reference (October 29, 2017)
• Chapter V-2 – Civil Protection Orders Quick Reference Guide
• Chapter V-3 – Custody Quick Reference Guide
• Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference
• Chapter V-5 – Delinquency Quick Reference
• Chapter V-6 – Dependency Quick Reference
• Chapter V-7 – Guardianship Quick Reference
• Chapter V-8 – Paternity Quick Reference Guide
• Chapter VI – Inadmissibility in SIJS
• Chapter VII – Service of Process in SIJS
  • Family Law Service of Process and Jurisdiction Requirements Charts
• Appendix A – SIJS Statutory and Regulatory Provisions
• Appendix B – SIJS Legislative History
• Appendix C – TVPRA-SIJ Neufeld Memo
• Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6
• Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7
• Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings
• Appendix F – DHS Interactive Infographic on Protections for Immigrant Victims
• Appendix G – DHS Immigrants Options for Victims of Crime (English)
• Appendix H – DHS SIJS Brochure
• Appendix I – DOJ Language Access Letter to Courts
• Appendix J – Types of Proceedings SIJS Findings
• Appendix K – State Law Definitions of Child Abuse
• Appendix L – Abandonment of Children Statutes Definitions
• Appendix M – State Law Definitions of Child Neglect
• Appendix N – Domestic Violence Includes Child Abuse and Child Neglect
• Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect
• Appendix P – State Law Definitions of Forced Marriage as Child Abuse
• Best Interests of the Child State-by-State Maps and Comparison Charts
• Appendix Q – Best Interests of the Child Matrix
• Appendix Q-1 – Best Interests of the Child All Factors
• Appendix Q-2 – Best Interests – Catch All
• Appendix Q-3 – Best Interests – Child’s Family Relationships
• Appendix Q-4 – Best Interests – Child’s Needs
• Appendix Q-5 – Best Interests – Child’s Wishes
• Appendix Q-6 – Best Interests Continuity and Stability of Child Factor
• Appendix Q-7 – Best Interests of the Child – Family Violence
• Appendix Q-8 – Best Interests – Joint Custody
• Appendix Q-9 – Best Interests – Parental Cooperation Conflict
• Appendix Q-10 – Best Interests – Parental Fitness
• Appendix Q-11 – Best Interests – Parental Wishes
• Appendix Q-12 – Best Interests – Substance Abuse, Mental Illness, and Criminal History Factor
• Appendix R – Custody in Protection Orders Proceedings
• Appendix S – Using Declaratory Judgment in Family Law Matters
• Appendix T – Declaratory Judgments – Cases By Topic & State
• Appendix U – SIJS and State Declaratory Judgment Statutes – State by State
• Appendix V – Guardianship Appointment of Guardian Chart
• Appendix W – When Guardianship Terminates
• Appendix X – SIJS Case Law Chart
• Appendix Y – States with Rules Identical to FRCP 4
• Appendix Z – Glossary of Terms for Work with Immigrant Survivors

DHS and LSC Publications

• Special Immigrant Juvenile Status Regulations 1993, 2009, 2011 (Proposed Rule) and 2022
• USCIS Policy Manual SIJS Classification and Adjustment of Status
• SIJS Petitions Regulations Final Rule
• Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6
• Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7
• SIJS Regulations Final Rule Federal Register
• Special Immigrant Juvenile Status Classification and Deferred Action
• USCIS Naturalization for Special Immigrant Juveniles (SIJS)
• Special Immigrant Juvenile Status: Information for Juvenile Courts
• Special Immigrant Juvenile Status: Information for Child Welfare Workers
• Advisory Opinion 2016-002: Providing Legal Services for Children Seeking Special Immigrant Juvenile Status
• Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
• Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions HQOPS 70/8.5 USCIS Memo
• HR REP 101-723 Family Unity and Employment Opportunity Immigration Act of 1990 (Legislative History)
• DHS Takes Victim-Centered Approach Press Release
• NIWAP, New Department of Homeland Security Policies Released in 2021 and 2022: Importance for Immigrant Survivors
• ICE Directive 11005.3 – Using a Victim-Centered Approach with Noncitizen Crime Victims

SIJS Training Materials

• Project Lifeline: Special Immigrant Juvenile Status Predicate Order Resource Center
• Project Lifeline: State-by-State Age-Out Database
• In Re Guardianship of Saul H. California Supreme Court Ruling Summary
• In Re Guardianship of Saul H (CA S. Ct 8.15.22)
• Bench Card: Special Immigrant Juvenile Status Immigration and Public Benefits Eligibility Process
• Special Immigrant Juvenile Status (SIJS) Timeline with Background Checks
• Judge Julie Breslow, Handout – Immigrant Victims Immigration Options
• Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country
• Special Immigrant Juveniles (SISJ): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases”
• Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors
• American Bar Association – Immigration Relief: Legal Assistance for Noncitizen Crime Victims, Chapter 5 Special Immigrant Juvenile Status
• New Practice Advisory on Special Immigrant Juvenile Status Applications Published: Additional Information for Judges and Attorneys
• Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls
• Types of Proceedings in Which State Courts Can Make Special Immigrant Juvenile Status Findings
• Immigration Relief for Abused Children
• Special Immigrant Juvenile Status: Information for Juvenile Courts
• Special Immigrant Juvenile Status: Information for Child Welfare Workers
• Comparison Chart of VAWA, U, and SIJS
• Representing Undocumented Children Who Have Been Abused, Neglected, or Abandoned (Special Immigrant Juvenile Status)
• Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance
• Webinar: Special Immigrant Juvenile Status – Best Practices of Drafting Findings
• Immigration Protection Screening Checklist: Special Immigrant Juvenile Status

Administrative Office of Appeals Decisions

• Administrative Appeals Office Non-Precedent Decision In Re: 12890448
• Administrative Appeals Office Non-Precedent Decision In Re: 13258676
• Matter of Jose A. Menjivar (December 27, 1994)

Family Law Service of Process

• Guide to Family Law Service of Process and Jurisdiction Requirements Charts
• Family Law Service of Process and Jurisdiction Requirements Charts – By Type of Proceeding
• All State Services of Process and Jurisdiction Charts – By State
• Family Law Summary of Service Rules
• Family Law: Training Materials

Child Development and Trauma

• Understanding the Significance of a Minor’s Trauma history in Family Court Rulings
• Vulnerable but not Broken: Psychosocial Challenges and Resilience Pathways in Unaccompanied Children from Central America
• Significance of Trauma History of Minors
• Board of Immigration Appeals Decision on Regarding Children, Brain Development and Trauma
• Board of Immigration Appeals Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents

Securing a Detained Parent’s Participation in Court Proceedings Involving Children

• Parental-Guardian Interests Directive: How to Get a Detained or Removed Person to Court for Family Court Cases Involving Children or Incapacitated Adults
• Press Release: ICE Extends Preservation of Parental Guardian Interests
• ICE, 11064.3 Parental Guardian Interests Directive

Immigrant Children and Child Welfare Proceedings

Child Abuse, Neglect, Child Welfare and Termination of Parental Rights

• Protecting Parental Rights When the Immigrant Parent is Detained or Deported
• Case of Maria L.
• Fact Sheet on State v. Maria L.
• In Re Interest of Angelica L. and Daniel L. (N.W.2d)
• Toolkit: Detention and Termination of Parental Rights
• States Definitions of Child Abuse and Neglect
• Immigration in Child Welfare System Case Studies
• Guide for State Courts in Cases Involving Unaccompanied Immigrant Children
• Unaccompanied Immigrant Children And The State Courts
• HHS: Immigration and Child Welfare
• Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies
• NCJFCJ Improving Child Welfare Practice for Immigrant Victims of Domestic Violence (Webinar)
• NCJFCJ Deportation and Children
• SYNERGY: National Council of Juvenile and Family Court Judges, Intersection of Immigration Enforcement and the Child Welfare System
• David B. Thronson & Veronica T. Thronson, Immigration Issues-Representing Children Who Are Not United States Citizens, in Child Welfare Law and Practice: Representing Children, Parents and State Agencies in Abuse, Neglect and Dependency Cases (Donald N. Duquette, Ann M. Haralambie, and Vivek Sankaran eds., 3d ed., National Association of Counsel for Children 2016)
• David B. Thronson, Of Borders and Best Interests: Examining the Experiences of Undocumented Immigrants in U.S. Family Courts, 11 TEX. HISP. J.L. & POL’Y 45 (2005) (reprinted at 11 Bender’s Immigration Bulletin 7 (Jan. 1, 2006); reprinted at 27 IMMIGR. & NAT’LITY L. REV. (2007); reprinted in INTERNATIONAL FAMILY LAW (Ann Laquer Estin, ed., Elgar Publishing 2016)
• David B. Thronson, Choiceless Choices: Deportation and the Parent-Child Relationship, 6 NEV. L.J. 1165 (2006) (reprinted at 12 BENDER’S IMMIGRATION BULLETIN 167 (February 15, 2007); reprinted in JUSTICE, POLITICS AND THE FAMILY, Daniel Engster and Tamara Metz, eds., Paradigm Publishers 2013)
• David B. Thronson, Creating Crisis: Immigration Raids and the Destabilization of Immigrant Families, 43 WAKE FOREST L. REV. 391 (2008)
• David B. Thronson, You Can’t Get Here From Here: Toward A More Child-Centered Immigration Law, 14 VA. J. SOC. POL’Y & L. 58 (2006)

Public Benefits Access for Immigrant Victims

• Public Benefits Bench Card
• Public Benefits Map
• All State Public Benefits Charts and Interactive Map – by immigrant victim case type and benefits program
• State-Funded Public Benefits Comparison Chart
• Bench Card: Special Immigrant Juvenile Status (SIJS) Immigration and Public Benefits Eligibility Process
• Immigrant Crime Victims and Public Charge: Post-VAWA 2013
• Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
• Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence against Women Crimes
• Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits

Screening Tools

• Bench Card – Identifying Victims Who May Qualify for Immigration Relief
• Comparing Forms of Immigration Relief for Immigrant Victims of Crime”
• Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA)

Webinars Related to Special Immigrant Juvenile Status Cases

Immigrant Survivors

• Legal Protections When Child Victims Are Immigrants: The Judge’s Role
• What Courts Want to Know, What Role Can Courts Play Regarding Detained Immigrant Children and Parents
• State Courts and the Protection of Immigrant Crime Victims and Children

Special Immigrant Juvenile Status

• Special Immigrant Juvenile Status – Best Practices of Drafting Findings
• U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role – Webinar National Judicial College (Nov. 30, 2018 Webinar)
• State Court Findings for Youth Seeking Special Immigrant Juvenile Status

Access to Public Benefits

• Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know

Child Welfare Cases Involving Immigrant Families and Children

• Expanding the Toolbox for Children in Immigrant Families: Tips and Tools for Child Welfare and Children’s Courts”

Webinars – Special Immigrant Juvenile Status (SIJS) and Trauma

• Legal Protections When Child Victims Are Immigrants: The Judge’s Role
• National Judicial Network Webinar – New Regulations, Policies, and Court Rulings: The Impact on State Courts Issuing Special Immigrant Juvenile Status (SIJS) Orders
• Special Immigrant Juvenile Status – Best Practices of Drafting Findings
• U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role – Webinar National Judicial College
• State Court Findings for Youth Seeking Special Immigrant Juvenile Status
• Helping Survivors in Crisis: Hands-On Training for Advocates and Attorneys on Trauma-Informed Work with immigrant Women Who Are Survivors of Domestic Violence and Sexual Assault
• Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know
• Expanding the Toolbox for Children in Immigrant Families: Tips and Tools for Child Welfare and Children’s Courts”

Materials by United States Citizenship and Immigration Services: Office of Policy and Strategy

Information from United States Citizenship and Immigration Services (USCIS) Office on Policy and Strategy (OP&S) appreciates your request for informative materials to share with the National Judicial Network.  Judges and court staff may be the first to see signs of violence and are in a unique position to provide information and assistance to noncitizens who have been victims of violence, human trafficking, or certain crimes.  Below we have included a list of helpful materials and the links to each resource.  The Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies.  Judges may sign up to receive timely policy updates on the USCIS Alerts page or contact Public Engagement to participate in engagement and outreach activities.

Informative Pamphlets Appropriate for Public Distribution:

• Immigration Options for Victims of Crimes (Violence Against Women Act, U Nonimmigrant Status, T Nonimmigrant Status)
• Immigration Relief for Abused Children: Special Immigrant Juvenile Status
• Center for Countering Human Trafficking (CCHT) Continued Presence Pamphlet

 USCIS Case Data

• Number of Form I-360 Petitions for Special Immigrant with Classification of Special Immigrant Juvenile (SIJ) by Fiscal year, Quarter and Case Status (FY2022, Q1)

 Relevant USCIS Public Webpages or Policy Manual Chapters

• USCIS Humanitarian Programs
• Special Immigrant Juveniles
  • Part J – USCIS Policy Manual Special Immigrant Juveniles
  • Chapter 7- Adjustment of Status (Lawful Permanent Residency) Special Immigrant Juveniles
• Victims of Trafficking
• Policy Alert: T Nonimmigrant Status
• Victims of Criminal Activity: U Nonimmigrant Status
• Policy Alert: Bona Fide Determination Process for Victims of Qualifying Crimes
• Battered Spouse, Children and Parents
• Privacy and Confidentiality Provisions