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First on Fox: According to a new Department of Homeland Security (DHS) report obtained by Fox News Digital, immigration programs aimed at providing permanent legal status to children of undocumented immigrants who experience abuse or neglect were primarily offered to illegal immigrants age 18 and older under the Biden administration.
A Trump administration review of the Special Immigration Juvenile Petition Program found that between 2020 and 2024, 198,414 Special Immigration Juvenile Petitions were approved. And in 2024, 52% of special immigrant juvenile petitioners were able to provide classifications up to age 21 through loopholes for those over 18 years old.
Of those petitioners, 60% were male. Massachusetts, New York, Maryland and California are hotspots, and courts routinely approve predicate orders for special immigrant juveniles, often based solely on affidavits.
In many cases, only affidavits written by the petitioner or the petitioner’s lawyer are used to assert waiver or negligence. The judges may sign off without a hearing.
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A Trump administration review of the Special Immigrant Juvenile Petition Program found that 198,414 special immigrant juvenile visas were approved between 2020 and 2024. (Benjamin Roy from Fox News Digital)
The misuse of the program did not occur alone in Biden. DHS reports that since 2013, more than 600 MS-13 gang members have applied for special immigrant juvenile visas, of which more than 500 have been approved.
The report also identified 853 known or suspected gang members who filed special immigration juvenile petitions. Most of them were approved.
Since 2013, at least 120 people petitioning for a juvenile visa for special immigrants have been arrested for murder, and more than 200 people who approved the visa have been convicted of a sex offence and have had to register for the national sex offender registration.
The report states that many petitioners filed when they were older than 18 and raised with one natural parent, claiming that the other parents were not involved in or “abandoned.”
More than 100 known or suspected members of the 18th Avenue gang, a criminal group of California and Mexican origins, have approved special immigration juvenile petitions since 2013, and dozens of other suspected involvement in the Trenderagua, Sureinho and Norteno gangs have approved special immigration diagnosis, according to the report.
The Northern Triangle countries of El Salvador, Guatemala and Honduras accounted for approximately 73.6% of all applications within the Special Immigration Juvenile Program from 2014 to 2024.
In 2024, U.S. Citizenship and Immigration Services received a petition from a 19-year-old suspected of conspiring an Islamic State terrorist attack in the United States after demanding that another adult be appointed his legal guardian.
However, a new report has decided that U.S. Citizenship and Immigration Services opposed interviews or biometric requests with people under the age of 18.
Ecuadorian immigrant children walk the river in Darien Gap, Colombia on November 20, 2022. (Jan Sochor/Getty Images)
Since 2013, nearly 20,000 special immigrant juvenile petitioners have filed conflicting dates of birth, with 18,407 appearing at age 21 based on previous records – program age cutoff.
Scams may be widespread in countries like Bangladesh, Somalia and Yemen with weak document systems that allow birth certificates to be easily forged, the report says.
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“Criminal aliens are infiltrating the United States through programs aimed at protecting the children of abused, neglected or abandoned foreigners,” said Matthew J. Tragesser, spokesman for U.S. Citizenship and Immigration Services. “The report reveals how open border lobbies and activist judges are misusing loopholes in the name of supporting helpless children.”
According to the DHS report, more than 600 MS-13 gang members applied for SIJ visas, of which more than 500 have been approved. (John Arrow/Santa Monica Union)
In June, the Citizenship and Immigration Bureau stopped providing postponed immigration enforcement to special immigrant juveniles. The office said it is considering new ways to “ensure the SIJ classification remains available to boys with the aim of protecting.”
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Congress first established the program in 1990 to apply for a special immigrant juvenile classification, legal permanent resident status, and to allow young illegal immigrants who the court found unable to reintegrate with their parents due to abuse or neglect that had a final path to U.S. citizenship. However, by law there is no excellent requirement for offenders or moral character for the recognition of juvenile petitions for special immigrants.
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