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Florida State University Journal of Transnational Law & Policy

Abstract

This Article provides a case study of a larger problem in American administrative law: the creation of unexecuted rights, with a focus in particular on the recent degradation of the Special Immigrant Juvenile Status (SIJS). Nearly twenty years ago, Congress drafted legislation providing for a pathway to citizenship for unaccompanied minors. In subsequent years, the Department of Homeland Security has ignored Congress' mandate to issue policy directives implementing the benefits and privileges associated with SIJS in a manner that would allow eligible persons to take advantage of this status. After explicating the nature of this creeping erosion of the SIJS mandate, especially as it impacts former foster youth with disabilities, the Article calls for DHS to create clear guidelines that can be implemented in a uniform fashion, treating all applicants in a fair and effective manner to clarify and extend the reach of SIJS.

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