The U.S. government has approved a surprising number of individuals linked to serious crimes, including gang rapes and murders, for a special immigration classification initially designed for vulnerable immigrant children.
This revelation came from USCIS in early June, highlighting that the Special Immigrant Juvenile (SIJ) program, intended to assist young illegal immigrants abandoned or abused by their parents, has seen an influx of petitions from adults, including those over 18. Over the past ten years, investigators have noted a significant number of these applications coming from individuals with criminal backgrounds.
Joseph Edrow, who was recently appointed as USCIS director, cautioned that these findings may only scratch the surface. “I hope to uncover more troubling details,” Edrow stated, expressing concern about the management of the SIJ program in previous years.
The SIJ program was created through the Immigration Act of 1990, allowing certain young illegal immigrants to seek legal status if a juvenile court has determined they cannot be reunified with their parents. To qualify, applicants must be under 21, unmarried, and physically present in the U.S., with no clear standards around criminal history for petition approval.
This lack of stringent requirements has led to a rise in petitions from criminal immigrants. According to USCIS data, 853 known or suspected gang members applied for SIJ status between 2013 and February 2025, with majority approvals, including 519 connected to the MS-13 gang.
In many cases—around 80%—the government was aware of the applicants’ gang affiliations prior to their approvals. Other gangs, like Tren de Aragua, have also utilized the program. Although these troubling developments have drawn criticism, especially during the Trump administration, the problem persists.
Research indicates that at least 200 individuals with SIJ status have been arrested for violent crimes like rape and murder since 2013, with many continuing to be approved for the program despite these serious allegations.
A government spokesperson mentioned that criminals often exploit gaps in the immigration system. “Whenever vulnerabilities are found, they are exploited,” said Matthew Tragesser from USCIS. He added that the vague language of the statute, along with previous management issues, has made things worse.
The way the SIJ program operates differs markedly from other immigration applications, as SIJ petitions are directly filed by the applicants. This makes it easier for those with questionable backgrounds to access the program.
Litigation has also impacted the program’s execution, particularly through the Sarabian Settlement, which prevents USCIS from rejecting applications based on gang associations. USCIS clarifies that while an SIJ approval does not automatically confer benefits like green cards, individuals can still face deportation if arrested for severe crimes.
However, during the Biden administration, the handling of the SIJ program has led to a situation that some describe as akin to an amnesty initiative. In 2022, policies were adjusted to grant deferrals to individuals with SIJ status, which would also cover those already approved in earlier years, offering them deportation protection.
The popularity of the SIJ program has skyrocketed during Biden’s term. For context, 18,440 individuals filed for SIJ status in 2020, the last year of Trump’s presidency; by 2024, this number surged to 67,754, with a notable increase in applications from adults over 18.
“It seems to have gotten worse under Biden,” Edrow remarked. “This route has been exploited by criminals.” Yet the former administration had planned revisions to the program, hinting at forthcoming changes.
On June 6, USCIS officially revoked the previous administration’s automatic consideration policy for SIJ deferral, effectively reshaping how the program functions and moving away from its status as an amnesty route. Additionally, the Sarabian Settlement is set to conclude in 2026, which would limit access for gang-affiliated individuals to the SIJ program.
Edrow assures that the current administration aims to rectify not only the SIJ program but the broader immigration system, which faces significant challenges due to past management. “It’s clear there was a disconnect in priorities and resources,” Edrow remarked, suggesting USCIS has been failing in its duties amid the ongoing border crisis.
