Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, created by The End SIJS Backlog Coalition, is intended to help practitioners navigate removal proceedings for clients with pending or approved SIJS.  It offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal. Section II covers strategies for pleading to the Notice to Appear. Section III discusses challenging the Department of Homeland Security’s evidence of removability. Section IV highlights arguments that can be made once removability has been established to avoid removal and/or preserve the best record for appeal. Section V offers strategies after an immigration judge has ordered removal. Section VI discusses detention issues that SIJS youth may face. And Section VII talks about risk mitigation strategies for SIJS clients who may be vulnerable to expanded expedited removal.