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FIRST ON FOX: A recent report from the Department of Homeland Security (DHS) revealed that the Biden administration’s immigration program, designed to grant permanent legal status to undocumented migrant children facing abuse or neglect, was predominantly utilized by illegal immigrants over the age of 18, many of whom had criminal backgrounds.
During the period from fiscal year 2020 to fiscal year 2024, a total of 198,414 special immigrant juvenile petitions were approved. In fiscal year 2024, 52% of these petitioners were over the age of 18, taking advantage of a loophole that extended eligibility up to age 20.
The majority of these petitioners were male, with states like Massachusetts, New York, Maryland, and California being hot spots where courts frequently granted special immigrant juvenile status based solely on affidavits.
Some individuals abused the program even before the Biden administration. The report highlighted that since 2013, over 600 MS-13 gang members applied for the special immigrant juvenile visa, and more than 500 of them were approved.
Additionally, the report identified 853 known or suspected gang members who successfully filed special immigrant juvenile petitions, with many of them having criminal records.
It was found that individuals over the age of 18 often filed for special immigrant juvenile status by claiming abandonment or neglect by one parent and lack of support from the other parent.
Moreover, a significant number of known or suspected gang members, including those affiliated with the 18th Street gang and other criminal organizations, were granted special immigrant juvenile visas.
The report also highlighted that the Northern Triangle countries of El Salvador, Guatemala, and Honduras accounted for a large percentage of filings within the special immigrant juvenile program.
Despite these concerning findings, U.S. Citizenship and Immigration Services failed to conduct interviews or biometric screenings for many applicants under the age of 18. Even for those 18 and older, only a small percentage were requested to provide biometrics.
Since fiscal year 2013, nearly 20,000 special immigrant juvenile petitioners provided conflicting birth dates, with a large number appearing to be over the age of 21 based on previous records.
Fraudulent practices were identified, especially in countries with weak documentation systems where birth certificates could be easily falsified.
The Citizenship and Immigration Services office recently made changes to ensure that the special immigrant juvenile classification is preserved for its intended purpose of protecting vulnerable children.
Congress initially established the program in 1990 to offer young undocumented immigrants who cannot reunite with their parents due to abuse or neglect the opportunity to apply for special immigrant juvenile status, lawful permanent resident status, and ultimately U.S. citizenship. However, the program does not have specific criminal bars or good moral character requirements for approval.
