SIJS-Based Deferred Action Policy Updates

Beginning in March 2022, USCIS implemented policy to automatically consider granting deferred action on a case-by-case basis to SIJs with an approved Form I‑360 who were not able to adjust because of visa unavailability. SIJS-based deferred action was generally granted for four years, with employment authorization eligibility under the (c)(14) category. Most SIJs were routinely granted deferred action and work authorization as a bridge until they could adjust their status. When deferred action first rolled out, youth in the backlog awaiting adjustment automatically received notices granting deferred action; eventually, USCIS issued these discretionary grants simultaneously with approval of the I-360 petition. In 2024, Form G-325A, Biographic Information (for Deferred Action) was revised to allow SIJs to request renewal of deferred action once it expired.

Advocates working with vulnerable youth applauded these policy changes and the protection provided to thousands of immigrant youth across the country. However, in 2025, USCIS terminated SIJS-based deferred action, resulting in litigation, which is described below.

On June 6, 2025, USCIS rescinded its policy of granting deferred action to SIJS recipients who are unable to adjust status due to visa number unavailability. The USCIS alert also provided that USCIS may terminate deferred action and revoke SIJS-based employment authorization before the validity period expires as a matter of discretion. These changes are reflected in the USCIS Policy Manual in Volume 6: Immigrants, Part J, Special Immigrant Juveniles, Chapter 4, Adjudication.

This policy change meant that USCIS determined that it would no longer consider SIJS classification as a basis for deferred action, ending this crucial protection for many youth stuck in the visa backlog. Even before this policy change, beginning on April 7, 2025, practitioners receiving I-360 approvals for SIJS for youth began receiving approvals that did not simultaneously include a grant of deferred action—as was routine practice since spring 2022. Youth with SIJS deferred action would be able to maintain their deferred action until it expired, but they would not be able to renew their deferred action.

Prior to the deferred action policy termination, on May 29, 2025 through an information collection notice, USCIS proposed an amendment to Form G-325A to remove the SIJS category when requesting or renewing deferred action. USCIS received 55 comments during the 60-day comment period. During this time, no amendments were made to Form G-325A, and the form remained on USCIS’s website. On January 9, 2026, USCIS issued a new federal register notice regarding proposed changes to Form G-325A with a 30-day comment period, with the same proposed changes from the first information collection notice.  As of publication, USCIS has not changed Form G-325A, as the form on USCIS’s website still includes a category for SIJ-based deferred action. Check the USCIS’s website for the most up to date Form G-325A.

On July 17, 2025, nine immigrant youth, Centro Legal de La Raza, and CARECEN-NY and the National Immigration Project, Kids in Need of Defense (KIND), Public Counsel, Davis Wright Tremaine LLP, and Lowenstein Sandler LLP filed a class action lawsuit (A.C.R. et al. v. Noem et al., No. 25-03962) in the U.S. District Court for the Eastern District of New York to challenge the government’s termination of SIJS-based deferred action, arguing violation of the Administrative Procedure Act and seeking reinstatement of SIJS-based deferred action. On September 4, 2025, in Brooklyn, New York, oral arguments were held on the plaintiffs’ motions for class certification and a preliminary injunction.

On November 19, 2025, the court issued an order staying USCIS’s rescission of the SIJS-based deferred action rendering the 2022 USCIS Deferred Action policy to be in effect and providing that USCIS must conduct SIJS-based deferred action and corresponding employment authorizations pursuant to USCIS’s 2022 policy. While the court did not rule on class certification and also did not grant relief by way of a preliminary injunction, the court provided an order blocking the government’s recission. The court order stated that “[ t ]he government must therefore conduct deferred-action and employment-authorization adjudications pursuant to the 2022 Policy Alert.” This update required USCIS to process deferred action adjudications and renewals for SIJS youth, and youth with SIJS-based deferred action could apply for work authorization.

The November order staying rescission included Footnote 24 stating that the decision “should not be read to suggest that USCIS remains bound by the 2024 Policy Manual or any prior presumption in favor of granting deferred action to SIJS recipients,” which conflicted with the expectation that the stay restored the pre-rescission policy. Plaintiffs then moved for reconsideration or clarification of that issue, with the court denying the motion to reconsider in January 2026.

The court’s January 14, 2026 opinion provides that, with exception, the order does not require USCIS to consider approval of SIJS as a strong positive factor weighing in favor of granting deferred action, nor must USCIS follow any provisions of the 2024 Policy Manual (the pre-rescission version) that exceed or are in conflict with USCIS’s March 2022 Policy Alert. The group of SIJS recipients with I-360s approved between April 6, 2025 and June 6, 2025 are the only exception, as the court determined this group should receive USCIS deferred action adjudication consistent with the 2024 Policy Manual (which instructs USCIS to consider SIJS classification as a positive factor in favor of a deferred action action).

In February 2026, Plaintiffs filed an appeal to the Second Circuit Court of Appeals challenging the portion of the court’s decision which ruled that those whose petitions were approved after June 6, 2025 would be subject to a higher standard for deferred action. USCIS expressed their intent soon afterwards to provide an update on the USCIS SIJS-based deferred action program and whether it would continue (with or without changes) or be rescinded entirely.

USCIS then published Policy Memorandum (PM)-602-0198, “Special Immigrant Juvenile Classification and Deferred Action” (April 10, 2026), showing that after the 30-day notice period, USCIS will no longer automatically consider granting deferred action for SIJs who cannot yet adjust status due to visa availability. Continue reading below for more specific information from the policy memorandum.

Advocates can read more about the lawsuit and check for litigation updates in A.C.R. et al. v. Noem et al., No. 25-03962. Further, advocates may review the practice tool, “Updated Guidance to Practitioners in Light of Recent Developments in A.C.R. v. Noem” (February 18, 2026), issued by the National Immigration Project, KIND, Public Counsel, and Lowenstein Sandler after the January 14, 2026 decision. This guidance provides background on the litigation, the November 2025 order, and the January 2026 order, practical considerations for advocates and youth following the court’s January 2026 opinion.

Further, the National Immigration Project, KIND, Public Counsel, and Lowenstein Sandler released the practice tool, “Frequently Asked Questions: The Impact of the Court’s Stay Order in A.C.R. v. Noem” (December 1, 2025) after the November 2025 order which may be useful should advocates have cases where deferred action was not considered when it should have been.

USCIS issued PM-602-0198 following the Plaintiffs’ appeal filed in February 2026. The memorandum provides an overview of USCIS’s new policy on SIJS-based deferred action along with context and background information to show USCIS’s reasons for choosing to terminate the current SIJS-based deferred action process (the subject of the ongoing litigation). Importantly, advocates should note that the memorandum provides 30 days' notice for individuals who have not filed their SIJS petition to take action, as those whose petitions are submitted before the policy becomes effective on May 10, 2026 will be subject to USCIS’s 2022 deferred action policy.

Further, advocates should note that May 10, 2026 falls on a Sunday. Thus, best practice is to account for time and ensure that USCIS receives the I-360 petition on Friday, May 8, 2026 (at the latest).

Explanation/Background on PM-602-0198: The policy memorandum includes discussion of USCIS’s decision to terminate SIJS-based deferred action, including USCIS’s statement that “terminating the current SIJ deferred action process is a better choice than maintaining it.” USCIS provides that the decision was made to terminate the program after examining the SIJS program as a whole (including through identifying and publishing “weaknesses” in the SIJS program in the USCIS report Criminality, Gangs, and Program Integrity Concerns in Special Immigrant Juvenile Petitions (July 2025)) and determining updates were necessary to better align with the Immigration and Nationality Act (INA) and Executive Order 14161, “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats” (January 20, 2025). Much of discussion includes national security concerns, increase of petitions received, and case-by-case deferred action determinations versus categorical.

Key provisions of PM-602-0198: USCIS’s policy memorandum makes clear that USCIS is rescinding the 2022 deferred action policy for SIJs, though a 30-day notice period is in effect for eligible youth to file their SIJS I-360 petitions and be subject to the 2022 SIJS deferred action policy before USCIS’s termination of said policy takes effect. USCIS’s changes to SIJS deferred action include that:

• USCIS will not automatically consider deferred action for SIJs who are unable to adjust status due to visa unavailability.
• SIJs with unexpired deferred action will retain the classification and the associated current (c)(14) employment authorization until the deferred action expires.
• USCIS may discretionarily terminate SIJS-based deferred action through sending a Notice of Termination or by filing a Notice to Appear (NTA). USCIS will not categorically terminate deferred action grants, though the memorandum emphasizes that USCIS may choose to terminate deferred action at any time.
• After the policy takes effect, those granted SIJS upon I-360 approval may choose to request deferred action subject to USCIS’s current policy.

Takeaways:

• Under the new policy, for all petitions filed on or after the effective date of May 10, 2026, USCIS is not required to automatically consider discretionary deferred action upon I-360 approval, nor will USCIS consider SIJS approval as a particularly strong positive factor in consideration of deferred action. The policy instructs that similar to others in removal proceedings, SIJs may request deferred action in writing or through submission of Form G-325A. Advocates and SIJS beneficiaries must consider that denial of a deferred action request can lead to a NTA and assess potential risks. Review the USCIS NTA Policy, “Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable [Noncitizens]” (February 28, 2025). For those that filed after on or after June 6, 2025, USCIS will not consider SIJS approval to be a particularly strong positive factor in consideration of deferred action.
• Those with current grants of deferred action (and who possess the related unexpired EAD) may request renewal of the deferred action through Form G-325A. The policy memorandum is not clear on how renewals filed before the policy takes effect will be treated—whether USCIS will apply the 2022 policy to renewal or not. Keep in mind USCIS will apply the new policy to the renewal request if made after May 10, 2026. Again, after the policy takes effect, advocates and SIJS beneficiaries who still wish to seek renewal of deferred action should consider the USCIS NTA Policy and any potential risks to filing a G-352A.
• USCIS will now apply the 2022 deferred action policy who have already submitted I-360 petitions to USCIS (whether in the April 6, 2025 to June 6, 2025 group or whose petition was filed after) but have not yet been granted deferred action.
• To reiterate, advocates should take note of the 30-day period for any clients who may be SIJ eligible but have not yet filed the I-360 petition. Again, USCIS’s 2022 SIJS deferred action policy will apply to those whose I-360 petitions are received before the new policy takes effect. Identify any clients in this posture and try to identify action items or steps to be taken so that the I-360 may be filed before the new policy takes effect. Since May 10, 2026 is on a Sunday, take extra precautions to ensure the petition is received no later than Friday, May 8, 2026.
• The policy changes to SIJS deferred action have been frequent since the administration change in 2025. Check out the End SIJS Backlog Coalition and NIPNLG’s social media posts explaining the new policy memorandum to SIJS youth on Instagram in English and Spanish, and consider sharing the posts with any SIJs or impacted youth you represent.

The End SIJS Backlog Coalition submitted formal comments opposing the rescission and uplifting the voices of directly impacted SIJS youth. The End SIJS Backlog Coalition is tracking any experiences with SIJS deferred action terminations, and enforcement trends directed at SIJS youth and encourages advocates to complete their surveys with any information. Advocates can access the following active surveys:

• A survey on ICE/OPLA practices against SIJS youth in removal proceedings
• A survey tracking implementation of the SIJS deferred action policy, including cases where USCIS denied or terminated deferred action
• A survey to report outcomes of SIJS deferred action-based work authorization under (c)(14)
• A survey to track specific barriers for SIJS recipients seeking adjustment of status, where barriers include failure to adjust based on being outside the United States, being subject to a DHS-issued removal order, or having an EOIR-issued removal order but where OPLA has not agreed or replied to a request to jointly move to reopen removal proceedings