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Brigham Young University Prelaw Review

Keywords

SIJS, Special Immigrant Juvenile Status, Immigration Reform, CAPTA, Abuse, Standardization, Reform, Special Immigrant Juvenile Status (SIJS), SIJS adjudication, immigration law reform, immigration, child welfare law, CAPTA and immigration, SIJS policy inconsistencies, juvenile immigration cases, immigrant child protection, undocumented minors legal status, immigration and child welfare, immigration legal disparities, vulnerable immigrant populations, SIJS case law, SIJS state vs. federal law, SIJS federal oversight, SIJS legal framework, immigration court rulings on SIJS.

Abstract

Special Immigrant Juvenile Status (SIJS) applications are inconsistently adjudicated across states due to varying definitions of abuse, neglect, and abandonment. This inconsistency creates geographic disparities in protection, leaving vulnerable immigrant minors at risk of deportation; in the worst-case scenario, children who meet the criteria in one state may be denied in another and sent back to unsafe or life-threatening conditions. This paper argues for federal oversight to standardize SIJS criteria by amending the Child Abuse Prevention and Treatment Act (CAPTA) to establish unambiguous definitions of abuse, neglect, and abandonment, ensuring fair and consistent adjudication nationwide. Legal scholars widely recognize the inconsistencies in SIJS adjudication. However, literature is scarce about SIJS due to individuals’ unique position between family and immigration law. Existing literature fails to propose a concrete legal mechanism for standardizing SIJS definitions.

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