Abused and neglected youths eligible for green card detained and deported

Young immigrants who endured abuse or neglect in their home countries were given a pathway to a green card, yet the Trump administration moved to detain and remove them. From January 20 to December 22 of last year, Immigration and Customs Enforcement (ICE) held 265 and deported 132 individuals with Special Immigrant Juvenile Status (SIJS), as detailed in a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., exclusively shared with NBC News.

Legal protections under threat

SIJS was established by Congress in 1990 to safeguard minor immigrants who faced abuse, abandonment, or neglect. Eligible youths must be under 21 when applying for the status. However, due to a backlog in green card processing, a policy known as deferred action provided temporary relief to SIJS holders, shielding them from deportation and allowing legal work in the U.S. until their applications could be resolved.

“They are tearing them away from the stability that they’re in, the lives that they’re building on their pathway to permanent protection,” stated Rachel Davidson, director of the End SIJS Backlog Coalition, part of the National Immigration Project.

In June, the Trump administration terminated deferred action for SIJS recipients, though the policy remains on hold as it faces legal challenges. The Department of Homeland Security (DHS) asserted that SIJS “does NOT confer lawful status,” claiming the program is “infected with fraud and abuses” as adult gang members were reportedly admitted under the Biden administration.

Sen. Cortez Masto explained that the SIJS designation was critical for youths escaping “horrific conditions” in their countries. “We do not want them to be further harmed or exploited in our country,” she said, highlighting the law’s intent to prioritize their well-being.

Emma Israel, a senior policy analyst at Kids in Need of Defense, noted the DHS figures were “much higher than we expected.” The agency cited immigration violations, such as entering the U.S. without proper admission or visa status, as reasons for the deportations. Federal data did not clarify if any of the youths had criminal records.

Case of Elias: A stark example

Elias, a 16-year-old, arrived in the U.S. alone in 2023 after enduring “severe physical and emotional abuse and neglect at the hands of his mother,” according to court documents. He was placed in Louisiana with his father and relatives but remained in fear of his mother and her partner. “The neglect he faced was constant: Elias was often left alone for days or even weeks without food,” the complaint added.

“The physical abuse was so severe that he was hospitalized for his injuries,” the records stated. In April, U.S. Citizenship and Immigration Services revoked Elias’ deferred action without notice or explanation, leaving him vulnerable. His father was detained by ICE in May and ordered to return to Guatemala with his son. On May 21, 2025, Elias was deported to Guatemala after being held for 12 hours in a hotel room in Alexandria, Louisiana, without contact with his attorney. “ICE’s actions were a flagrant violation of federal law and Elias’ constitutional rights,” said the National Immigration Project, which filed a lawsuit in November.

DHS maintained that Elias was “NOT illegally removed,” asserting the father and son received full due process and were legally ordered to depart. The case is still pending, while other youths continue to face similar fates in ICE custody.