On Friday, October 3, 2025, Immigration and Customs Enforcement (ICE) launched an operation referred to as “Freaky Friday,” targeting a limited group of unaccompanied minors. Unaccompanied minors are foreign national children who have traveled from their home country to the United States without a parent or guardian and been placed in federal custody. While the operation generally targets unaccompanied children aged 14 and older, it includes some as young as 10 years old. [1] 

Under Operation “Freaky Friday,” unaccompanied children in federal care, as well as those who were initially detained by ICE when entering the US and released into the care of a third party or the Office of Refugee Resettlement (ORR), were sent a “threat” letter from ICE.[2] The letter encouraged children to abandon pending applications for immigration benefits and leave the United States. The letter attempted to induce compliance by sometimes offering financial incentives while simultaneously threatening ICE enforcement and the possible transfer of children from federal care directly into ICE custody upon turning 18.  The letter also threatened family members living in the US with immigration action if the child did not comply with the offer. 

This is a change in ICE Policy, and it places already vulnerable youth at even greater risk of danger, abuse, neglect, exploitation, and deportation. Further, this change conflicts with the federal government’s existing recognition of the need to protect such vulnerable children, codified by Congress with the creation of the Special Immigrant Juvenile Status (also referred to as SIJS or SIJ). [3]

This article will instruct the practitioner on the SIJS process. SIJS allows foreign national children present in the US without legal immigration status who have been abused, abandoned, and/or neglected and who meet other qualifications a path to receive an “immigrant” visa and, eventually, become a lawful permanent resident (also known as a permanent resident, LPR, or green card holder).

These children are particularly vulnerable. Family law practitioners, parents, andthird-party caretakers can benefit from knowing additional actions they can take to protect these children—not only from abusive parents, but from deportation. Given the current actions at the federal level, this subject is particularly timely.

Vulnerable Children

In family law, we regularly encounter clients in crisis, including those dealing with serious issues such as custody disputes, neglect, abuse, financial instability, or criminal charges. Children involved in these cases are especially vulnerable.

This crisis is multiplied when children lack proper immigration status. Foreign national children live under the constant threat of deportation. Children who are deported may be returned to a situation where they are unable to care for themselves, do not have adults who can help care for them, and they may be subject to other forms of extreme danger.  The most visible examples of vulnerable children are DACA (Deferred Action for Childhood Arrivals) recipients.[4] DACA recipients were brought to the US as babies and young children. Because they have no status in the US through no fault of their own, these vulnerable children are left in legal limbo as they grow into adulthood. 

Unaccompanied minors often face even more challenging circumstances. They may have traveled from their home country to the US without a parent or guardian and ended up in federal custody. For example, they may have been apprehended crossing the US Border without a parent or guardian who could provide care or custody. Unaccompanied minors are even more vulnerable and susceptible to abuse or neglect. They have no parent or guardian to look out for them. They may not speak the language. They may not seek the protections of law enforcement due to the fear of triggering immigration enforcement. They may have language and cultural barriers and lack access to support networks. They may face financial instability and economic dependence. Because they do not have valid immigration status, they can be deported to their home country in the same manner as if they were adults. And many are in fact deported.

Special Immigrant Juvenile Status (SIJS or SIJ)

SIJS allows foreign national children who have been abused, abandoned or neglected by one or both parents to obtain an “immigrant visa,” allowing them a process to permanently remain in the United States.    

For foreign national children, SIJS can offer protection from deportation. Once SIJS is approved, it can eventually lead to the child becoming a lawful permanent resident. As a permanent resident, a foreign national can live and work in the US and travel to foreign countries, so long as they do not lose their permanent resident status. And, if they qualify, a permanent resident can eventually become a US citizen.

This process acknowledges the vulnerability of children who have been abandoned, neglected, or abused, and helps prevent forced reunification with harmful parents. It also opens the door to essential services that might otherwise be unavailable.

Eligibility for SIJS

There are several eligibility requirements to obtain SIJS status.[5] The child must (1) be under the age of 21 when the SIJS Petition is filed, (2) be living in the US, (3) unmarried, and (4) have a valid juvenile court order issued by a state court. The court order must find that the child is a dependent of the court or in the custody of a state agency or of an individual or entity appointed by the court.  The court must also find that the child cannot be reunified with one or both parents because of abuse, abandonment, neglect, or some other similar basis under state law. Finally, the court must find that it is not in the child’s best interest to return to the country of nationality or last habitual residence of the child or parent(s). If the child was in the custody of the Department of Health and Human Services (HHS) or the ORR, then special written consent must be obtained from the relevant agency regarding the court’s jurisdiction if the juvenile court order changed the custody status or placement.

Immigration law is federal in nature. So, each state court order must meet the eligibility requirements under federal law. However, state laws can impact SIJS eligibility. For example, Idaho statutes do not allow a court to issue an order regarding custody for children who have turned 18. Other states, like Washington, have enacted special statutes that allow courts to issue custodial orders for people until they are 21 years old. This allows those vulnerable children three extra years to seek the state juvenile court order that enables them to obtain SIJS.

Step 1: State of Idaho Predicate Orders

The first step of the SIJS process is obtaining the state juvenile court order, which immigration practitioners refer to as a predicate order. The order’s findings must include: 

1. The child has been abused, abandoned, neglected or a similar basis exists under state law;
2. Reunification with one or both parents is not viable as a result of abuse, abandonment, neglect or other similar basis under state law; and
3. It is not the child’s best interest to return to the country of nationality or last habitual residence of the child or parent(s). 

Fortunately for our vulnerable youth, Idaho statutes governing the care and custody of children can result in a valid predicate court order for an SIJS application.  These proceedings include petitions for guardianship, adoption and terminations, divorce, paternity, child custody, and de facto custodian petitions.  Children placed in the custody of the Idaho Department of Health and Welfare in the context of child protective services cases are eligible for SIJS.

HHS and ORR will often have custody of minor children as well, many of which are unaccompanied minors. Both agencies are federal agencies. These children may obtain a predicate order from the state where they are located with agency consent if the child is in their custody and the court order changes placement or custody status.

Difficulty with Predicate Orders: Proceedings like guardianships, adoptions/terminations, and CPS custody cases are usually pursued because children are subject to neglect, abuse, abandonment, or otherwise unstable environments. These types of cases by their very nature are likely to have facts that support the necessary findings to result in a valid predicate order.

That said, a word of warning. The best interest definition used in family law cases is not the same best interest standard as that required for a valid predicate order. Therefore, petitions involving custody of children such as divorce, paternity, and custody actions (collectively referred to as child custody cases) do not always result in the findings necessary for a valid predicate order. Parents have a legal right to their children that includes decision-making and custodial rights. The legal standard for determining rights is based on the best interest of the child standard.

While it uses the same terms, this is a very different standard than finding that reunification isn’t viable with one or both parents as a result of neglect, abandonment, or abuse and/or that it is not in the child’s best interest to be returned to the child or parent’s country of origin. For example, it is very unusual for a court to determine that reunification with an abusing or neglecting parent is no longer viable. Circumstances could change over time. An absent parent may desire to be a more present parent. A determination related to whether it is in the best interest of a child to return to a foreign country is not frequently a determination that is made by the court in custody cases.  When seeking a predicate order under family law petitions, it is important to be aware of the legal distinction between the best interest determination for purposes of child custody cases versus SIJS petitions.

Step 2: Obtaining SIJS – Form I-360

After a child obtains a state court predicate order, the child can move forward with applying for SIJS. This is the second step in the multi-step, multi-year process. Applying for SIJS is done by filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with US Citizenship and Immigration Services (USCIS). USCIS is the federal agency that oversees adjudicating these applications. As stated above, it is critical that this step is done before the child turns 21 years old, or they will not be eligible for the benefit.

Once the application is filed, the child must wait a lengthy time for USCIS to “adjudicate” the Petition—i.e. to make a decision.[6] At the time this article was written, USCIS was processing 80% of these cases within 36 months.[7] This is an excessive delay, considering  Congress set a 180-day deadline for USCIS to make decisions on SIJS cases.[8]

If the application is granted, the child can move forward with the next step, which is waiting for an immigrant visa to become available for them to apply for lawful permanent resident status.

Step 3: Waiting for a Visa to Become Available

What does it mean to “wait for a visa to become available?” Each year, the Department of State (DOS) issues a limited number of immigrant visas to be used in that year. However, there are far more requests for visas than there are available. So USCIS uses the date that the SIJS petition was filed—called the “priority date”—to determine how long a petitioner must wait.  Each month, DOS lists the priority date for which they are accepting applications on the Visa Bulletin.[9]

A child will therefore need to closely monitor the Visa Bulletin. SIJS cases are processed under the Employment-Based Preferences chart under the 4th category of the Visa Bulletin which is for Certain Special Immigrants.[10] This is referred to as the “EB4” category. To determine when a child may move to the next step, they will have to review the EB4 Category of the Visa Bulletin, so they know when their priority date becomes current. As of the date that this article was written, petitioners who filed their SIJS petition on or before September 1, 2020, are currently eligible to apply for an immigrant visa. The waiting period based on this priority date is over five years. However, it must be noted that the Visa Bulletin does not move forward monthly; therefore, this date is not an accurate representation of the wait time. In March 2023, there were a reported 107,693 youths who were waiting for a visa to become available.[11]

The wait time is important because having an approved SIJS petition does not render lawful status in the country, meaning a minor can still be deported. In the meantime, children can apply for an employment authorization document (EAD) after USCIS makes a bona fide determination on their case and while their application remains pending. On June 6, 2025, the current administration attempted to terminate this option for children.[12] There is now ongoing litigation regarding this issue.

Although some children may be too young to work, having an EAD serves other valuable purposes because it acts as a government identification card. Children who are old enough can obtain a driver’s license, social security number, and work. This allows children who have had the misfortune of being abandoned, abused, or neglected to integrate into society and strive for higher education and other resources.

Step 4: Applying to Become a Permanent Resident

Once a visa becomes available, the child can apply for a green card using another immigration form. As part of this process, they must undergo medical and background screening. This is another lengthy process, but it gives children hope to stay in the community they call home with the people who have helped shield them from harm. When children are granted green cards, it represents permission to live and work in the US indefinitely. After five years of being a green card holder, an individual can apply to become a US citizen.

These children have already experienced abuse, abandonment, or neglect and often crossed dangerous borders. Many attorneys, even if they don’t practice immigration law, can help place these children in a better situation by assisting with obtaining the predicate order. This is the first step in helping vulnerable children access stability in their lives and safety from deportation. Knowing how to protect these children has never been so timely.

A. Denise Penton is a proud native of Idaho and graduate of the University of Idaho College of Law. She practices both immigration and family law.

Ms. Chavez-Hermes immigrated to the US from Mexico at the age of 6 years old. She grew up in Ontario, Oregon and graduated from the University of Idaho College of Law. She specializes in immigration law.

[1] National Immigrant Justice Center, Operation “Freaky Friday”: What You Need to Know (Oct. 3, 2025), https://immigrantjustice.org/press-release/operation-freaky-friday-what-you-need-to-know/.

[2] It is unclear whether “threat” letters are still being sent.

[3] Immigration and Nationality Act § 101(a)(27)(J); 8 C.F.R. § 204.11.

[4] Deferred Action for Childhood Arrivals, 87 Fed. Reg. 53,152 (Aug. 30, 2022) (to be codified at 8 C.F.R. pts. 106, 236, and 274a). 

[5] Immigration and Nationality Act § 101(a)(27)(J) (codified at 8 U.S.C. § 1101(a)(27)(J)); 8 C.F.R. § 204.11; U.S. Citizenship & Immigr. Servs., USCIS Policy Manual, vol. 6, pt. J: Special Immigrant Juveniles, https://www.uscis.gov/policy-manual/volume-6-part-j (last visited Dec. 3, 2025).

[6] Once a petition is submitted to USCIS, it is placed in a processing queue. The petition remains in the queue until it is reviewed and a decision issued. The length of time it takes USCIS to reach the petition to make a decision is called processing time. 

[7] U.S. Citizenship & Immigr. Servs., https://egov.uscis.gov/processing-times/ (last visited Oct. 13, 2025).

[8] 8 U.S.C. § 1232(d)(2).

[9] The visa bulletin is found here: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.

[10] Immigration and Nationality Act § 201(d) (codified at 8 U.S.C. § 1151(d)).

[11] R. Leya Davidson et al., False Hope: Over 100,000 Immigrant Youth Trapped in the SIJS Backlog 4 (2023), https://static1.squarespace.com/static/5fe8d735a897d33f7e7054cd/t/656a48a3f02597441a4cbf95/1701464285675/2023-false-hopes-report.pdf.

[12] U.S. Citizenship & Immigr. Servs., Policy Alert, Special Immigrant Juvenile Classification and Deferred Action, PA-2025-07 (June 6, 2025).