Special Immigrant Juvenile Status (SIJS) is a humanitarian classification for certain youth who cannot reunify with one or both parents due to abuse, neglect, abandonment, or similar findings made by a state court. While SIJS can eventually lead to lawful permanent residence, many approved SIJS beneficiaries remain stuck for years because of visa backlogs.
That backlog is where deferred action became critical. Deferred action is a discretionary decision to deprioritize removal and may support work authorization, typically under category (c)(14), while a visa number remains unavailable.
The Policy Shift—and the Litigation
In 2022, U.S. Citizenship and Immigration Services adopted a policy to automatically consider deferred action, on a case-by-case basis, for certain SIJS beneficiaries with approved I-360 petitions who were unable to adjust status solely due to visa unavailability.
In 2025, that policy changed. Practitioners began noticing that USCIS had quietly stopped issuing deferred-action determinations alongside SIJS approvals. USCIS later formalized this shift, announcing that it would no longer conduct deferred-action determinations for SIJS beneficiaries waiting on visa availability, cutting off both new grants and renewals.
A class action lawsuit was filed on July 17, 2025, in the Eastern District of New York challenging the rescission (A.C.R. v. Noem). The litigation was successful. On November 19, 2025, the court stayed USCIS’s June 2025 policy change, effectively restoring the 2022 SIJS deferred action policy while the case continues. The court found that the plaintiffs were likely to succeed on their claims that the rollback was unlawful.
The stay has been described as nationwide, even though class certification had not yet been decided. Notably, the court did not impose a specific timeline for USCIS to adjudicate deferred action or related employment authorization requests.
Where Things Stand as of January 2026
Deferred action consideration for SIJS beneficiaries is temporarily restored because the rescission remains stayed. USCIS has acknowledged the stay in its public-facing SIJS materials.
At the same time, this remains an active and unresolved litigation. The government may still seek appellate relief or attempt to narrow or pause the order. Practitioners should treat this protection as real—but fragile.
If a SIJS beneficiary has deferred action, they may generally apply for a work permit under (c)(14). Many practitioners recommend waiting to file Form I-765 until deferred action is granted, unless a renewal mechanism applies.
Deferred action renewals may be requested on Form G-325A up to 150 days before expiration. In renewal contexts, Form G-325A may also be used to request continued employment authorization, potentially avoiding the need for a separate I-765.
As with other discretionary requests, a denial of Form G-325A can carry NTA issuance risk under USCIS enforcement guidance. These filings should be deliberate and carefully evaluated, particularly for individuals not already in removal proceedings. The stay does not automatically reinstate deferred action that was previously terminated.
The court did not set processing deadlines, leaving no guaranteed timeline for adjudication. Because deferred action is discretionary, unusually low approval rates could raise compliance concerns, and the government may still seek to narrow or pause the order.
Because deferred action is discretionary and the litigation remains ongoing, outcomes may vary significantly from case to case. SIJS beneficiaries and their advocates should seek individualized legal advice before filing any discretionary request or employment authorization application, particularly where prior denials, lapses in status, or potential enforcement risks may be present.
