After more than a year of negotiations, the Lowenstein Center for the Public Interest has secured preliminary approval from U.S. Magistrate Judge Michael A. Hammer of a settlement in W.A.O. v. Jaddou. The Center brought this class action on behalf of more than 750 juvenile immigrants whose petitions for Special Immigrant Juvenile Status (SIJS) had been unlawfully delayed, questioned, denied, or revoked by U.S. Citizenship and Immigration Services (USCIS) under its illegal policy of disqualifying 18-to-21-year-old petitioners.
SIJS is a form of immigration relief for children who, according to a state family court, cannot be safely reunified with one or both parents because of abuse, neglect, or abandonment. If the state court finds that it would not be in the best interest of the child to be returned to their home country, the child may apply to USCIS for SIJS and then lawful permanent residence.
Under the terms of the settlement, USCIS will not enforce or rely on the challenged policy to delay or deny the SIJS applications of older youth. The government will work with class members who are in deportation proceedings to ensure that they have a fair chance at avoiding deportation while they wait for their green cards after having been granted SIJS, and will pay more than $500,000 in attorney’s fees, which Lowenstein will donate to nonprofit organizations.
In Law360, Catherine Weiss, partner and Chair of the Center, calls the agreement "a good, strong settlement for this class.” She adds, "I'm very glad that [we] will be able to enforce the right of older youth in New Jersey to seek the protection of the family court and then to seek Special Immigrant Juvenile status on the basis of that family court order, and I'm also really pleased that the government agreed . . . not to oppose or to join motions for young people who are in removal proceedings [and] who have Special Immigrant Juvenile status to prevent the removal of kids in that position.”
Craig Dashiell and Natalie J. Kraner also represented the plaintiffs.
About Lowenstein Sandler LLP
Lowenstein Sandler LLP is a national law firm with over 350 lawyers based in New York, Palo Alto, New Jersey, Utah, and Washington, D.C. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.
