A coalition of immigration advocacy organizations has filed a federal lawsuit challenging the Department of Homeland Security's decision to eliminate fee waivers for immigrant children seeking Special Immigrant Juvenile (SIJ) status, arguing the policy unlawfully creates a financial barrier for abused, abandoned, and neglected minors seeking legal protection in the United States.
The lawsuit, filed Wednesday in federal court, targets a U.S. Citizenship and Immigration Services (USCIS) rule that reinstated a $250 filing fee for SIJ petitions while eliminating the long-standing fee waiver previously available to low-income applicants.
The plaintiffs argue the change violates federal immigration law and congressional intent by forcing some of the country's most vulnerable children to pay for humanitarian protection they often cannot afford.
Special Immigrant Juvenile Status is a form of humanitarian relief available to certain undocumented children who have been abused, neglected, or abandoned by one or both parents. To qualify, applicants must first obtain a state court order finding that reunification with at least one parent is not viable and that returning to their home country would not be in their best interests.
Once approved, SIJ recipients may apply for lawful permanent residence and are protected from deportation while pursuing that process.
The lawsuit contends that Congress specifically designed the program to protect vulnerable children, many of whom arrive in the United States alone or with limited financial resources. By requiring them to pay filing fees without the possibility of a waiver, the plaintiffs argue DHS is placing immigration relief out of reach for many eligible minors.
The case was brought by several nonprofit legal organizations that represent immigrant youth. They argue the agency reversed years of policy without adequately considering the impact on children who often have no income, limited family support and rely on pro bono legal assistance.
According to the complaint, the rule reinstating the fee took effect earlier this year as part of a broader overhaul of USCIS filing fees. While the agency restored or increased fees for numerous immigration benefits, advocates argue SIJ applicants should have remained exempt because of the humanitarian nature of the program.
The organizations are asking the court to block DHS from collecting the fee from SIJ applicants and to restore the fee waiver while the litigation proceeds.
The Department of Homeland Security has defended the broader fee rule as necessary to ensure USCIS remains adequately funded. Unlike many federal agencies, USCIS relies primarily on application fees rather than congressional appropriations to finance its operations.
Agency officials have previously argued that updated fees better reflect the cost of processing immigration applications and help reduce growing backlogs.
Immigrant rights advocates disagree, saying humanitarian programs should not be financed on the backs of vulnerable children.
They warn that even a relatively modest filing fee can become an insurmountable obstacle for minors who have escaped abuse or trafficking and often depend on foster families, shelters or nonprofit organizations for basic necessities.
