Important Update: SIJ Deferred Action Policy
If you’re a young person in the U.S. with Special Immigrant Juvenile (SIJ) status, there’s a major policy change you need to know about. USCIS has announced a new rule that affects deferred action and work permits for SIJ youth. This shift has created serious concerns for SIJ youth losing work permit access, making it more important than ever to understand how the changes impact your future.
Deferred action is when the U.S. government decides not to deport you for now, even if you don’t have legal status.
- It is temporary protection.
- It does not give you a green card or permanent status.
- For many SIJ youth, deferred action has been a bridge to apply for and receive a work permit while waiting for a green card.
What Changed After June 6, 2025
Before (Old Policy):
- If your SIJ petition was approved but no visa number was available yet, USCIS could grant you deferred action.
- With deferred action, you could apply for a work permit while waiting for your green card.
Now (New Policy):
- No more automatic deferred action. USCIS will not grant deferred action just because a visa isn’t available.
- No new work permits will be issued under the old SIJ deferred action rule.
- Current work permits remain valid until they expire — but they will not be renewed solely for visa delays.
- Deferred action can be taken away early if circumstances change or if rules are broken.
USCIS has explained that Congress did not create SIJ laws to allow indefinite deferred action while waiting for visas. The new policy is meant to “align with the law and national security goals.”
- If you already have deferred action and a work permit: You can keep using them until they expire. But you should not expect automatic renewals.
- If your SIJ petition is approved but you don’t have a visa yet: You will not get deferred action or a new work permit just for waiting.
- Stay informed: The SIJ visa line is backlogged. It’s important to track visa bulletin updates, your SIJ approval status, and to plan ahead.
Legal and Advocacy Context Behind the Change
USCIS has formally rescinded the policy that automatically allowed SIJ youth to receive deferred action and work permits while waiting for visa availability. This change reverses guidance issued in 2022 and underscores that SIJ approval alone is no longer sufficient justification for deferred action or employment authorization.
Advocacy organizations warn that the policy shift puts thousands of vulnerable youth at risk of deportation and labor exploitation just as they begin their transition into adulthood. Former policies granted work permits and temporary protection, helping them integrate safely into communities. Many are now challenging the termination through a class-action lawsuit seeking to restore deferred action protections.
Next Steps: What You Can Do Now
- Talk to an attorney: You may have other options for work permits or protections depending on your situation.
- Stay prepared: Gather documents and keep track of deadlines so you’re ready if your visa number becomes available.
- Know your rights: Losing deferred action does not erase your SIJ approval, but it does mean fewer protections while you wait.
Taking Heart, Moving Forward: A Message From Qazi Law
At Qazi Law Offices, we know how hard SIJ youth have worked to get to this point. This policy change is a setback, but it doesn’t mean the end of your journey. If you’re navigating this difficult change, especially as SIJ youth losing work permit access, you don’t have to face it alone. Contact us right away at 630-504-0648. You may also schedule a confidential consultation with Attorney Farrah. We can help you understand your options and prepare for the next steps.
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