SIJS Deferred Action Has Ended: What Maryland and Virginia Families Need to Know

If your child holds approved Special Immigrant Juvenile Status and is waiting for a green card, a major policy change has already taken effect, and it directly affects their protection from deportation and their ability to work legally in the United States.

On April 10, 2026, USCIS issued Policy Memorandum PM-602-0198, formally ending the practice of automatically granting deferred action to approved Special Immigrant Juveniles (SIJs) who cannot yet adjust status due to visa backlogs. The policy took effect on May 10, 2026. It is now in effect.

This guide explains what changed, what courts have done, and what families in Maryland, Virginia, and Washington, D.C. should do right now, based only on confirmed USCIS policy and federal court records.

Key Takeaways

1. USCIS ended automatic deferred action for SIJS beneficiaries on May 10, 2026 (PM-602-0198).
2. Petitions filed before May 10, 2026, are still evaluated under the more protective 2022 framework.
3. Petitions filed on or after May 10, 2026, no longer receive automatic deferred action consideration.
4. A federal court appeal (Second Circuit) is ongoing; outcomes could change protections.
5. Maryland allows SIJS up to age 21. Virginia's predicate order must be obtained before age 18.
6. Families should consult an immigration attorney immediately to assess their child's current status.

What Is SIJS and Why Does It Matter?

Special Immigrant Juvenile Status (SIJS) is a federal immigration relief program for undocumented children who have been abused, abandoned, or neglected by one or both parents, and for whom a U.S. state court has found that return to their home country is not in their best interest. 

An approved SIJS petition (Form I-360) is one of the most reliable pathways to a U.S. green card for vulnerable immigrant youth.

To qualify for SIJS, a child must:

1. Be under 21 years old at the time of filing Form I-360 with USCIS (federal requirement)
2. Be unmarried
3. Have a predicate order from a U.S. juvenile court finding that reunification with one or both parents is not viable due to abuse, neglect, or abandonment
4. Have a court determination that returning to their home country is not in their best interest

Once USCIS approves the Form I-360, the child is classified as an SIJ. However, applying for a green card (Form I-485) is only possible when an EB-4 immigrant visa is immediately available, and visa backlogs in this category can last for years. 

Deferred action was the primary protection for SIJ youth stuck in that waiting period.

What Is Deferred Action, and What Changed on May 10, 2026?

Deferred action is a discretionary decision by the federal government to temporarily delay the removal of an individual from the United States. It does not grant lawful immigration status, but it provides two critical benefits for SIJS youth waiting on visa backlogs: protection from deportation and eligibility to apply for a work permit (Form I-765, category (c)(14)).

The 2022 policy (now ended)

On March 7, 2022, USCIS announced it would automatically consider deferred action for all approved SIJs who could not yet adjust status due to visa unavailability. 

This was granted for four-year periods and allowed SIJ youth to obtain work authorization, a Social Security number, and access to other services while they waited for a visa number.

What happened in June 2025

On June 6, 2025, USCIS rescinded the 2022 policy. A federal district court in New York issued a stay on November 19, 2025, in A.C.R. et al. v. 

Noem et al. (No. 1:25-cv-03962-EK-TAM, E.D.N.Y.), pausing the rescission. USCIS continued automatically considering deferred action while the stay was in effect.

What happened on May 10, 2026, the current situation

On April 10, 2026, USCIS issued PM-602-0198, once again ending automatic deferred action for SIJs. The policy took effect May 10, 2026, after a 30-day notice window. As of today, automatic deferred action for SIJS beneficiaries is no longer in effect.

Important: Petitions (Form I-360) filed before May 10, 2026, will still be evaluated under the more protective 2022 framework. Petitions filed on or after May 10, 2026, are subject to the new policy, meaning no automatic deferred action.

What Does This Mean Practically for SIJS Youth?

For approved SIJ beneficiaries who are waiting on the visa backlog, the consequences of PM-602-0198 are significant:

1. No automatic deportation protection: USCIS will no longer routinely grant deferred action after I-360 approval. Officers may still consider it on a case-by-case basis, but SIJ approval is no longer treated as a strong positive factor.
2. Fewer work permits: Employment authorization through category (c)(14) depends on a deferred action grant. Without automatic deferred action, fewer SIJs will qualify for work authorization while waiting for a visa.
3. Heightened removal risk: Without deferred action, SIJ beneficiaries can face removal proceedings even after their petition has been approved.
4. Visa backlog makes this worse: As of the April 2026 Visa Bulletin, the EB-4 priority date for all countries was January 1, 2023, and it was pushed back further in May 2026. This means many SIJ beneficiaries will wait years without automatic protection under the new policy.

Those who currently hold valid deferred action grants: USCIS has confirmed that existing grants remain valid for their authorized period, but USCIS reserves the right to terminate prior grants on a case-by-case basis.

Where Does the Federal Court Case Stand?

The November 2025 court stay in A.C.R. v. Noem restored automatic deferred action temporarily. In January 2026, the court clarified its order and imposed different standards for different groups based on when their I-360 was approved. Plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit in February 2026, challenging the standards applied to youth with petitions approved on or after June 6, 2025.

That appeal is still pending. USCIS then issued PM-602-0198 on April 10, 2026, ending the program entirely, a decision that is itself subject to ongoing legal challenge.

Because litigation is active, the legal landscape could change. A court order could modify or delay PM-602-0198. Families should work with an immigration attorney to monitor developments and understand how any ruling affects their specific case.

How Do Maryland, Virginia, and D.C. Handle SIJS Differently?

SIJS is a federal program, but obtaining the required predicate order is a state court process. Age limits and procedures vary significantly across the DMV region.

Maryland

Maryland allows SIJS predicate orders for individuals up to age 21. This is one of the most favorable age limits in the country. Predicate orders are handled by the Circuit Court in the county where the child lives, through guardianship, custody, dependency, or delinquency proceedings.

Virginia

In Virginia, the predicate order from a juvenile court must generally be obtained before the child turns 18. This is a critical difference; families with a child approaching 18 in Virginia face an urgent deadline to initiate the state court process. Once a child ages out of Virginia's juvenile court jurisdiction, SIJS relief through Virginia courts is no longer available.

Washington, D.C.

D.C. allows SIJS predicate orders for individuals up to age 21 under vulnerable youth provisions established in 2024 (D.C. Code § 16-2399.02).

Florida

In Florida, the petition and application for a predicate order must be filed before age 18, though when this is done, jurisdiction can continue until age 22 in a proceeding seeking SIJS findings.  

Common Mistakes Families Make with SIJS Cases

1. Waiting too long, especially for children in Virginia approaching 18, the state court predicate order window closes quickly and cannot be reopened
2. Assuming an approved SIJS petition automatically means the green card is coming soon, visa backlogs for EB-4 can extend the wait by years
3. Not knowing the May 10, 2026, cutoff — families whose children had not yet filed an I-360 before that date lost access to the more protective 2022 deferred action framework
4. Assuming current deferred action grants are safe indefinitely, USCIS has reserved the right to terminate existing grants case by case
5. Thinking SIJS covers parents,  it does not. SIJS is individual relief for the child only. There is no derivative benefit for parents or guardians

What Families Should Do Right Now

1. Determine when your child's Form I-360 was filed. If it was filed before May 10, 2026, the 2022 protective deferred action framework still applies to that petition
2. If your child is in Virginia and under 18, begin the state court predicate order process immediately; do not wait
3. If your child currently holds a deferred action grant, review the expiration date and consult an attorney about renewal options before it lapses
4. Explore parallel pathways, depending on individual facts, asylum, U visa, T visa, or VAWA protections may also be available
5. Monitor the ongoing Second Circuit appeal; a ruling could change the legal landscape for SIJ beneficiaries approved after June 6, 2025
6. Contact an experienced SIJS attorney to review your child's specific case and identify the best available options under the current policy

Frequently Asked Questions

Has automatic deferred action for SIJS beneficiaries ended?

Yes. USCIS issued Policy Memorandum PM-602-0198 on April 10, 2026, ending the automatic consideration of deferred action for approved SIJs who cannot yet adjust status due to visa unavailability. The policy took effect on May 10, 2026. Petitions filed before that date are still evaluated under the 2022 framework; petitions filed on or after May 10, 2026, are not entitled to automatic deferred action.

What is the age limit for SIJS in Maryland?

In Maryland, both the state court predicate order and the USCIS Form I-360 petition must be filed before the child turns 21. Maryland's age-out limit of 21 is more favorable than most U.S. states. The predicate order is obtained through the Circuit Court in the child's county.

What happens to my child's existing deferred action grant?

According to USCIS, existing deferred action grants remain valid for their authorized period. However, USCIS has explicitly reserved the right to terminate prior grants on a case-by-case basis. Families with children who currently hold deferred action should consult an attorney about their renewal timeline and risk exposure.

Can my child still get a work permit after May 10, 2026?

Work authorization through category (c)(14) requires a deferred action grant. Without automatic deferred action, approved SIJs must now affirmatively request deferred action and have it granted on a case-by-case basis before they can apply for employment authorization. This is a harder standard than what existed before May 10, 2026.

Does SIJS cover the parents of the child?

No. SIJS is individual relief for the child only. Parents and guardians cannot obtain immigration status, work authorization, or any derivative benefit through their child's SIJS classification.

Conclusion

SIJS remains one of the most effective pathways to permanent residency for immigrant children who have suffered abuse, abandonment, or neglect. But the elimination of automatic deferred action under PM-602-0198, effective May 10, 2026, has removed a critical safety net from thousands of approved SIJ youth still waiting on visa backlogs.

The rules are now stricter, the visa backlog is getting longer, and litigation is ongoing. The most important step any family in Maryland, Virginia, or D.C. can take is to speak with a qualified immigration attorney who handles SIJS cases and understands the current legal landscape.

Is your child's SIJS case affected by the May 2026 policy change? Sanabria & Associates handles SIJS cases for Spanish and English-speaking families across Maryland, Virginia, Washington, D.C., and Florida. Schedule a consultation at slegal.com.