The Special Immigrant Juvenile Program (SIJ Program) was created to protect vulnerable minors who entered the United States and cannot reunite with one or both parents due to abuse, neglect, or abandonment.
However, a new report by U.S. Citizenship and Immigration Services (USCIS) reveals serious flaws in the program’s administration, with alarming national security and public safety implications.
Learn how the Special Immigrant Juvenile Program works, and means for U.S. immigration policy.
USCIS Report Reveals Systemic Integrity Problems
In July 2025, USCIS published a detailed report titled “Criminality, Gangs, and Program Integrity Concerns in Special Immigrant Juvenile Petitions.” It reviewed more than 300,000 petitions submitted under the Special Immigrant Juvenile Program between fiscal year 2013 and February 2025.
Key Findings From the Report
| Issue | Details |
|---|---|
| Age Concerns | Over 50% of petitioners in FY 2024 were already 18 or older. This raises concerns, as the SIJ Program was created for children. |
| Unlawful Entry | Many SIJ applicants entered the U.S. without inspection—some deliberately evading formal screening processes. |
| Fraudulent Claims | USCIS uncovered widespread use of false identities, birth dates, and country-of-origin information. |
| Gang Affiliations | 853 known or suspected gang members applied for SIJ status. Over 500 of them were linked to MS-13, with 70 facing federal racketeering charges. |
| National Security Risks | Dozens of applicants were from countries identified by U.S. intelligence agencies as high-risk. |
Most of these petitions were approved, exposing vulnerabilities in the vetting process of the Special Immigrant Juvenile Program.
The Purpose and Legal Basis of the Special Immigrant Juvenile Program
The Special Immigrant Juvenile Program was established by Congress in 1990 under the Immigration and Nationality Act (INA 101(a)(27)(J)). It offers certain non-citizen children in the U.S. an opportunity to apply for lawful permanent residency—commonly referred to as a green card—if:
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A state juvenile court determines they were abused, neglected, or abandoned by one or both parents.
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The child cannot reunify with their parents.
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Returning to their country of origin is not in their best interest.
Once granted SIJ classification, the child may apply for a green card and later U.S. citizenship. There is no requirement for good moral character, and criminal history does not automatically bar eligibility.
This legal framework was designed to focus on humanitarian needs, but as recent data shows, it has become a point of exploitation for criminal networks and fraudulent actors.
No Criminal or Moral Character Barriers
One of the most critical loopholes in the Special Immigrant Juvenile Program is the absence of criminal inadmissibility or good moral character requirements for SIJ petition approval. This distinguishes it from other humanitarian immigration paths such as:
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Asylum (which bars serious criminals),
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U visas for victims of crime (requires cooperation with law enforcement),
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T visas for trafficking victims (requires non-participation in crime).
As a result, individuals with documented gang ties, criminal charges, or even terrorism links have been able to secure permanent residency through the SIJ Program. This has led to calls for urgent legislative reform.
Gang Member Approvals Raise Alarm
The USCIS report exposes how gang members have exploited the Special Immigrant Juvenile Program to gain legal status in the United States. Instead of protecting vulnerable children, the program now faces serious abuse from organized crime networks.
Here are the alarming statistics:
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MS-13: Over 600 members filed petitions; more than 500 gained approval
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18th Street Gang: Over 100 known or suspected members submitted applications
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Tren de Aragua: Authorities identified at least 3 members among petitioners
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Sureños and Norteños: Officials linked dozens of cases to these gangs
Many of these individuals later committed violent crimes or faced federal racketeering charges.
These cases highlight a major breakdown in the vetting process. Criminals are hijacking a humanitarian program designed to protect abandoned, abused, or neglected children—not shield gang operatives from prosecution.
Recent Policy Changes in 2025
On June 6, 2025, USCIS officially rescinded a 2022-era policy that had categorically granted deferred action to approved SIJ petitioners. Deferred action shielded these individuals from deportation and allowed them to apply for work permits.
The rescinding of this policy is part of the broader effort to tighten enforcement and review protocols within the Special Immigrant Juvenile Program.
In addition, the Trump administration has signaled its intent to pursue further regulatory changes to:
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Prevent criminal aliens from accessing SIJ benefits,
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Enhance identity verification protocols,
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Strengthen background checks with support from the Department of Homeland Security (DHS) and the Department of Justice (DOJ),
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Amend statutory language to add moral character or criminal history filters.
Legal Experts and Stakeholders Call for Reform
Immigration attorneys, state judges, and child welfare advocates have long supported the SIJ Program for protecting genuinely vulnerable minors. However, even many legal experts now agree that reforms are necessary.
Suggested Legal Reforms
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Add Good Moral Character Requirement: Align SIJ with other humanitarian visas.
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Strengthen Age Verification: Use biometric data and international records to prevent age fraud.
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Restrict Entry for High-Risk Applicants: Enhanced vetting for applicants from countries flagged by U.S. intelligence.
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Create Waiver-Based Criminal Bars: Allow disqualification of serious or violent offenders, subject to judicial review.
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Mandatory Gang Screening: Expand interagency cooperation to flag suspected gang members.
If implemented, these changes would help restore the credibility and humanitarian focus of the Special Immigrant Juvenile Program.
What This Means for Legitimate Applicants
Genuine applicants must understand that although the SIJ pathway remains available, scrutiny has increased sharply in 2025. Juvenile courts and USCIS officers are now closely reviewing petitions for:
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Consistent factual details,
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Identity documents,
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Court findings that align with federal SIJ eligibility rules.
Applicants and sponsors should avoid shortcuts. They must provide full disclosure, accurate personal history, and well-documented juvenile court orders. Working with an experienced immigration attorney is now more important than ever.
USCIS and Public Safety
USCIS reinforces its responsibility to both adjudicate immigration benefits and protect the public from fraud and criminal exploitation of immigration programs.
The USCIS spokesman, Matthew J. Tragesser emphasized the threat:
“Criminal aliens are infiltrating the U.S. through a program meant to protect abused, neglected, or abandoned alien children. This report exposes how the open border lobby and activist judges are exploiting loopholes in the name of aiding helpless children.”
The agency continues to remind the public that Congress designed the Special Immigrant Juvenile Program to offer protection—not to create a backdoor for criminals. When officials fail to enforce immigration laws properly, even programs with humanitarian goals can become tools for abuse.
Need Help With a SIJ Case?
If you are a young immigrant or a guardian trying to navigate the Special Immigrant Juvenile Program, it is critical to get legal help early. Errors, omissions, or inconsistencies can lead to denial—or worse, legal consequences.
Maple Crest Immigration Law Firm has extensive experience handling SIJ petitions, juvenile court coordination, and adjustment of status for qualified minors. We help ensure your case meets federal and state requirements.
Book a confidential consultation with Maple Crest Immigration today
