Migrant children in CT who were abused, neglected fear deportation after immigration policy reversal

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She estimated that there were roughly twenty-six pairs of shoes in Regina’s bedroom, neatly arranged under her bed. There is a lot of pink, and a bookshelf with spines that read Jane Austen and Sylvia Plath is hidden in a corner. It’s a girly mess, as she loves to say.

Through a unique juvenile immigration program, Regina, 19, is one of hundreds of young migrants in Connecticut who are submitting applications for permanent legal status.

They believe that when you have a lot of toys as a child and are unable to express yourself, you end up with a lot of toys as an adult, and that’s definitely me, Regina said.

The federal immigration system offers migrants under 21 who have experienced parental abuse, neglect, or abandonment the designation known as Special Immigrant Juvenile Status (SIJS). It provides people with the opportunity to live lawfully in the United States and escape terrifying circumstances.

After a turbulent childhood in her native Mexico, when she suffered physical abuse and neglect at the hands of her mother, Regina finds solace in expressing herself in her own space.

In the past, young immigrants with SIJS have been protected from deportation while they await their green card. In the upcoming years, Regina thinks the status will provide her with greater stability.

However, a program that protected SIJS participants from deportation was reversed by the Trump administration in June. Even after proving the pain their parents had caused them, she and others could now be deported.

Regina remarked, “I consider all the terrible things these kids have experienced.” Despite all the hardships and pain they endured to reach this safe haven, they were smacked across the face for expressing their aspirations. It’s really indescribable.

Growing up in Mexico

Regina remembers traveling around a much while she was in Mexico. While her father lived and worked in New England, she was born there and spent most of her time with her mother and younger brother.

For the protection of Regina and her family, Connecticut Public is using her first name.

Regina claimed that as a child, her mother consistently ignored her. She claimed that her mother once abandoned her and her younger brother for five days in a row.

The state Department of Children and Families (DCF) filed reports with the probate court that described some of the abuse; Connecticut Public examined these records, which included a family case plan and a probate court study.

A DCF social worker reportedly concluded that Regina’s mother was unfit to provide care and support due to abuse and neglect.

According to the social worker, Regina’s mother would allegedly beat her every day and, as a result of her depressive episodes, would deny food and supervision to both [children].

She never came home. “She never looked after us,” Regina recalled. Whether we survived or not seemed inconsequential to me.

Regina remembers how, as a child, she would scale the kitchen counter with her brother’s assistance in order to get to the milk and cereal so they could eat.

According to her, it was a lot of fending for yourself and doing things the way you know how to do them.

Regina claimed that she and her brother were frequently looked after by relatives or her mother’s friends. It was difficult to be at home with her mother as well.

Regarding her mother, Regina remarked, “I can’t recall my first memory with her.” All I can recall is being struck and shouted at.

Regina’s testimony in the DCF report describes the alleged abuse, which included her mother beating her with items, pinching her, clawing her arms, and bruising her every day.

I kept telling myself that I was going to move in with my dad the next time she slapped me. Regina added, “I’m going to call my dad the next time she hits me.” Every time she struck me, I would say, “I’m actually going to tell her I want to leave the next time she does this.” Each and every time.

When Regina was about ten years old, she finally moved to Connecticut to live with her father.

The social worker who looked into Regina’s case concluded that since there was no parent-child bond and Regina didn’t feel comfortable with her mother, they couldn’t be reunited.

Regina claimed that when she made the decision to remain in the United States with her father, she and he looked for ways to obtain legal immigration status. However, each time they met with an immigration lawyer, they were told they had no viable choices and were turned away.

But last year, she was introduced to SIJS by East Hartford-based immigration lawyer Erin O. Neil. Regina began the process and recently achieved a significant milestone when a probate court judge issued orders granting her father sole guardianship over Regina and confirming that her case can proceed.

What is Juvenile Special Immigrant Status?

In 1990, the Special Immigrant Juvenile Status classification was established by Congress. Its recipients are eligible to become lawful permanent residents.

The majority of SIJS applicants are foreign nationals without legal status. O Neil claims that most people have passed the border without being inspected, even though a tiny percentage may have arrived with a visa.

Obtaining a state court order is a prerequisite to applying. In Connecticut, DCF usually conducts the investigation into the alleged abuse before issuing the court order. After hearing testimony and reviewing the facts, a state probate judge determines whether the results warrant issuing an order.

Applicants can apply for the special status before turning 21 after receiving such court order. After reviewing the court ruling, U.S. Citizenship and Immigration Services (USCIS) officials make sure that the SIJS categorization isn’t being used principally to get an immigration benefit. Applicants can then apply for a green card if they are approved.

But most have to wait a long time. The process may be delayed by four years or longer if the green card application is not submitted until an immigrant visa is available.

In 2022, the Biden administration instituted a strategy that shielded SIJS recipients from deportation by automatically awarding the majority of deferred action and work authorization due to the lengthy wait durations.

However, USCIS reversed the policy in June, declaring that it would no longer automatically provide new SIJS beneficiaries deferred action. For individuals who already possess it, the protection is still in effect, but it may expire before a visa becomes available, and federal officials have the authority to withdraw it at any time.

Program criticisms

The Trump administration has accused migrants of abusing the program, which has led to the policy change.

Since 2022, SIJS petitions have increased both nationally and in Connecticut.

According to a USCIS report on the program, the number of requests for SIJS nationwide increased from about 22,000 in fiscal year 2017 to roughly 68,000 in fiscal year 2024.

Probate courts in Connecticut have experienced a comparable increase. 142 requests for the special status were filed in fiscal year 2016. It increased to 1,730 by fiscal year 2024.

In recent years, the growth was especially noticeable. In fiscal year 2022, the period when the Biden-era policy was enacted, there were 783 petitions, and in the following fiscal year the number of petitions jumped to 1,423, according to data provided by the Office of the Probate Court Administrator.

Records show courts in Stamford, Danbury and New Haven recently saw the highest volume of special immigrant juvenile cases, receiving more than 200 petitions each in a single year.

Last month, federal immigration authorities released areportdetailing alleged abuses of the program.

It highlighted the drastic increase in petitions and raised concerns about age and identity fraud and false claims of parental maltreatment. USCIS said it also identified 853 known or suspected gang members who filed for SIJS.

This report exposes how the open border lobby and activist judges are exploiting loopholes in the name of aiding helpless children, USCIS spokesman Matthew J. Tragesser said in a written statement.

The report also pointed out that more than half of applicants are over the age of 18, implying that the program is not helping the children it s meant to.

According to Jessica Vaughan, director of policy studies at the Center for Immigration Studies, a think tank that supports less immigration in Washington, D.C., the program is currently expanding far beyond what should be permitted and enabling people to use this visa for purposes that are very different from the cases of abused children.

They’re just using it to get a green card when they wouldn’t otherwise qualify in any other way, Vaughan said.

But O Neil, Regina s immigration lawyer, disagrees. She said SIJS cases are thoroughly vetted by an independent state court.

It’s not something that’s forged, O Neil said. It’s not something that’s made up.”

Maegan Faitsch, an attorney who works with SIJS applicants at Connecticut Legal Services, said she was discouraged by the report. She said most of her clients are unaware of the program before she meets them.

I’m sure that there are people that have used the program in a way that it was not set out for, but I think that in my mind, that does not mean that the program should not exist, Faitsch said. It means that there should be qualified attorneys helping people access the program.

David Marantz, an attorney of child protection, juvenile law and criminal practice in Stamford, acknowledges some of the issues described in the report. He said he believes the availability of special juvenile status encourages some migrants to enter the country, exposing them to potential safety risks on their journey to cross the border.

You know, that’s a double-edged sword, Marantz said. You feel for people, you want to help them, but it also sends out the word to encourage more of it.

However, Marantz said most clients who seek his help with SIJS petitions have valid claims.

“They seem extremely legitimate,” he said, “and I don’t think it’s an abuse of the process that I’ve seen very often. And really, at this point, over the years, I’ve handled quite a few cases, and I really don’t see that.”

What’s next for SIJS?

A pending federal lawsuit challenges the Trump administration s policy changes to SIJS.

Attorneys representing migrant children filed the suit in the Eastern District of New York,according to The Associated Press. The plaintiffs are asking a federal judge to restore these children s deportation protections.

For now, Regina said she is holding out hope to one day receive her green card as she files for the special status. She hopes other migrant youth in Connecticut who have faced abuse and neglect will do the same.

That’s something that I want to pass on, Regina said. You can do things because you have gotten this far. You can do things even if you’re doing them scared.

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