
Date
2025
Abstract
This Note will begin by providing a brief overview of Special Immigrant Juvenile Status and the Congressional intentions behind the creation of this classification and its subsequent amendments, primarily the 2008 TVPRA. It will then delve into the decade after the 2008 TVPRA enactment to explore the overall viability of family unity within the context of the United States’ immigration policy. To do so, this Note will look at cases from 2009–2018 before the Supreme Court of the State of New York and Appellate Division Second Judicial Department involving “one-parent cases,” where a biological parent is granted guardianship as part of the SIJS process, to understand how courts weighed family unity in granting guardianship. It will then survey legal status options for individuals already in the U.S. who are victims of violence or serious crimes, comparing application and approval rates to analyze immigration trends. This will be juxtaposed with data on SIJS applications and removal rates of parents before and after the 2008 TVPRA. Considering the increase in SIJS cases, this Note will argue that the “one or both parents” language cannot solely be linked to limiting undocumented parents’ legal status opportunities, but must also be seen in the context of broader removal policies. Despite removals, “one-parent cases” have served as a path to legal status for vulnerable juveniles, as shown by rising SIJS filings. Ultimately, this Note will propose an alternative SIJS framework that incorporates Congressional intent and better protects family unity in one-parent cases.
Recommended Citation
Ouyang, Elaine
(2025)
"Special Immigrant Juvenile Status and Expanding Relief to Prevent Family Separation,"
Journal of Race, Gender, and Ethnicity: Vol. 13:
Iss.
2, Article 8.
Available at:
https://digitalcommons.tourolaw.edu/jrge/vol13/iss2/8