Plaintiffs are all children under the age of 21 who have obtained state court orders in Texas. In all cases, the family court has found that they have been subjected to abandonment, abuse or neglect by one or more parent, that reunification with one or more parent is not viable based on that abandonment, abuse or neglect, and that return to the child’s country of origin is not in the best interest of the child. Following the obtaining of the SAPCR order, Plaintiffs filed a petition for Special Immigrant Juvenile (“SIJ”) relief with the U.S. Citizenship and Immigration Service (“USCIS”) pursuant to the Trafficking Victims Protection and Reauthorization Act.
The USCIS San Antonio Field Office Director denied Plaintiffs’ SIJ applications based on its unlawful, arbitrary and capricious determination that, because Plaintiffs had reached the age of 18, the SAPCR court was not acting as a “juvenile court”.
Plaintiffs are filing a lawsuit seeking declaratory relief regarding the definition of a “child” under Texas state law and application of “juvenile court” and “dependent,” as those terms are defined by federal law. Plaintiffs also seek injunctive relief to enjoin USCIS from denying pending SIJ petitions on the grounds that a child had reached the age of 18 when he or she sought or obtained SAPCR relief. In addition, USCIS should be enjoined from denying related pending I-485 applications filed by class members.
Based on figures provided by the federal government, an estimated 229-341 children are potential class members, with numbers increasing each day.
For more information please click here or visit www.fundedjustice.com
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