Abused and neglected youths granted immigration protections are being detained and deported

Abused and neglected youths granted immigration protections are being detained and deported

Young immigrants who endured abuse or neglect in their home countries were given a chance to secure green cards through a specific program. However, the Trump administration reversed this protection, detaining and deporting many of these minors. From January 20 to December 22 of last year, Immigration and Customs Enforcement (ICE) held 265 such individuals in custody and removed 132, as revealed in a letter from the Department of Homeland Security to Sen. Catherine Cortez Masto, D-Nev., shared exclusively with NBC News.

“They are tearing them away from the stability they’ve built, the lives they’re working to secure,” said Rachel Davidson, director of the End SIJS Backlog Coalition, a group under the National Immigration Project. The SIJS program, established by Congress in 1990, aims to shield immigrant children from abuse, abandonment, or neglect and provide a pathway to legal residency. Eligibility requires youth to be under 21 when applying.

Due to delays in green card approvals, a policy called deferred action had previously safeguarded SIJS applicants from deportation. This allowed them to work legally while waiting for their cases to be processed. But in June, the Trump administration terminated this measure, though the policy remains paused as it faces legal challenges.

DHS claimed in a statement to NBC News that SIJS does not grant lawful status. The agency also alleged that the program is compromised by fraud, citing “hundreds of suspected and confirmed adult gang members” admitted under the Biden administration. Sen. Cortez Masto emphasized that these youths were targeted because they fled “horrific conditions” in their home countries. “We want to ensure they aren’t further harmed or exploited here,” she stated.

Emma Israel, a policy analyst at Kids in Need of Defense, noted that the deportation numbers DHS reported were “much higher than expected.” The agency cited immigration violations, including being in the U.S. without proper admission or visas, as reasons for removal. Federal records did not clarify if any of the detained had criminal records.

In one notable case, a 16-year-old was deported to Guatemala in May 2025 despite being granted SIJS in July 2024. Elias, who arrived in the U.S. alone at age 14 in 2023, endured “severe physical and emotional abuse and neglect” from his mother, according to court documents. He was sent to live with his father and relatives in Louisiana after being released from custody. The complaint highlighted his mother’s and partner’s threats, leaving Elias in constant fear and without basic needs like food.

“The physical abuse was so intense that Elias was hospitalized for injuries. Neglect was relentless—days or weeks passed without access to food. His home became a place of fear and danger,” the complaint detailed.

U.S. Citizenship and Immigration Services abruptly ended Elias’ deferred action in April 2025 without notice or explanation. His father was later detained by ICE and instructed to return to Guatemala with his son. On May 21, 2025, Elias was deported from a hotel in Alexandria, Louisiana, after just 12 hours of detention. The National Immigration Project criticized ICE’s actions, calling them a “flagrant violation of federal law and constitutional rights.”

DHS defended the deportation, stating that Elias was “not illegally removed” and that both he and his father received due process before being ordered to leave. Elias’ case is still under legal review, while other youths remain in ICE custody. The ongoing lawsuit underscores concerns about the program’s fairness and the impact of policy changes on vulnerable populations.