Immigrants’ Rights
Challenging the Trump Administration’s Unlawful Termination of Protections for Immigrant Youth and Children
Case Overview
Our Clients
A.C.R. et al. v. Noem et al. is a proposed nationwide class action filed by nine immigrant youth and two legal service providers challenging the federal government’s decision to end the Special Immigrant Juvenile Status (SIJS) Deferred Action Policy. The SIJS Deferred Action Policy provided protection from deportation and the ability to apply for work permits to young people who have already been approved for SIJS by USCIS and who are on a legal path to permanent residency but face years-long delays due to visa backlogs.
The lawsuit—brought by Public Counsel and its Board member firm Davis Wright Tremaine LLP, along with co-counsel the National Immigration Project, Kids in Need of Defense (KIND), and Lowenstein Sandler LLP—seeks to reinstate this policy, which has protected approximately 200,000 immigrant youth who have survived parental maltreatment and whom a state court has determined should not be returned to their countries of origin. The complaint argues that the government violated the Administrative Procedure Act by ending the policy without proper notice or justification, leaving thousands of immigrant youth in legal limbo and at risk of deportation.
Court
U.S. District Court for the Eastern District of New York
Status
Filed
Case No.
1:25-cv-03962
Filed
07/17/2025
Our organizational Clients
Case Developments
Ruling
11/19/2025
District Court Grants Stay of the Rescission of the SIJS Deferred Action Policy
Judge Komitee issued an order staying the government’s rescission of the 2022 SIJS Deferred Action Policy. The court found that the Plaintiffs are likely to succeed on the merits of their claim that the policy reversal was unlawful for several reasons, including because the government did not consider reliance interests or alternatives to rescinding the policy. The court also ruled that, absent the stay, the Plaintiffs were likely to face irreparable harm because of the heightened risk of removal they would face without the protection of deferred action. The opinion did not grant everything the Plaintiffs requested, as the court deferred a ruling on class certification and chose not to grant relief in the form of a preliminary injunction. However, the court’s decision does provide the main relief sought: an order that blocks the rescission of the SIJS Deferred Action Policy. The decision means that the 2022 SIJS Deferred Action Policy is back in effect and “the government must therefore conduct deferred-action and employment authorization adjudications pursuant to the 2022 Policy Alert.” The court also enjoined the government from removing the Individual Plaintiffs during the pendency of the litigation.
Filing
09/17/2025
Plaintiffs File Supplemental Memorandum
Following a lengthy hearing on September 4, 2025, Plaintiffs filed a supplemental memorandum addressing three key questions raised by Judge Komitee.
Filing
08/22/2025
Plaintiffs File Reply Memoranda in Support of Pending Motions
Filing
08/11/2025
Plaintiffs File Complaint
Public Counsel Legal Team
Supervising Attorney
Press Releases
Press Release
11/21/25
Press Release
07/17/25
our Co-Counsel
Media
- Bloomberg Law, Immigrant Youth at Deportation Risk After Trump Policy Shift, 8/4/25
- CALÓ News, Visa backlog leaves more than 150,000 immigrant youth at risk of deportation, 7/25/25
- Time, Young Immigrants Who Have Faced Abuse and Neglect Sue Trump Administration for Exposing Them to Deportation, 7/18/25
- MSN.com, ‘Broken promises with devastating consequences’: Abused immigrant youth sue Trump admin for abrupt cancellation of anti-deportation program, 7/18/25
- NBC News, Abused and abandoned immigrant youths sue Trump administration over deportation fears, 7/17/25
- The Imprint, Lawsuit Challenges Trump Administration’s About-Face on Protecting Abused and Neglected Immigrant Youth from Deportation, 7/17/25
- ABC News, Attorneys sue to restore deportation protections for abused and neglected migrant children, 7/17/25












