As it currently stands, immigrant juveniles who have been abused, neglected,

abandoned may apply for SIJ status. It often takes USCIS a year or longer to

approve SIJ petitions even though a federal statute says this must be done in

180 days. In addition, even if a juvenile files a SIJ petition that is approvable

(and the vast majority of such petitions are eventually approved), USCIS will not

allow SIJ applicants to file applications for work permits until (1) their SIJ

applications are finally approved, which may take a year or more, AND (2) they

have reached the front of the visa quota line allowing them to file applications

for adjustment of status, which may take another four or five years. Only then will

DHS/USCIS permit SIJ visa recipients to file applications for work permits. So SIJ

applicants around 16 to 21 years old who need to work to survive (especially if they

have no family members here in the US) are forced to work in highly exploitative

jobs, their employers universally are in violation of federal employer sanctions

laws, they are paid cash and work in unsafe conditions, they are afraid to report

labor law and wage and hour law violations or crimes, and they often go hungry

and without stable housing thanks to the DHS/USCIS policy of refusing to provide

them with work permits. Unlike with SIJ visa applicants, USCIS allows many other

categories of applicants to apply for employment authorization even before their

visa petitions are approved and long before they may apply for adjustment of status,

including U visa applicants, T visa applicants, and others.

We believe (1) the discriminatory practice against young SIJ applicants is irrational and violates the equal protection guarantee of the Fifth Amendment, and (2) the long delays in approving SIJ petitions violates federal law which clearly states SIJ applications must be decided in 180 days.​