Celebrating the Vulnerable Youth Guardianship Protection Act

The Importance of the Vulnerable Youth Guardianship Protection Act

Since 2022, KIND has worked with Legal Aid DC to pass the Vulnerable Youth Guardianship Protection Act, which provides all vulnerable immigrant youth survivors of child abuse, neglect, or abandonment in Washington, DC, equal access to courts to apply for, without filing costs, a guardian to support their protection and stability, creating a path for accessing a special federal humanitarian immigration benefit. With the bill’s permanent enactment last week, some of our most vulnerable immigrant youth have a new lifeline.

The Vulnerable Youth Guardianship Protection Act allows these young people to have an appointed guardian up until the age of 21. In doing so, the bill enables these youth to apply for Special Immigrant Juvenile Status (SIJS), which provides protection for young survivors of abuse, abandonment, and neglect.

Before the passage of the Vulnerable Youth Guardianship Protection Act, a discrepancy existed between Washington, DC, law and federal law impacting vulnerable youth ages 18 to 21. Federal law allows immigrants under 21 who were abandoned, abused, or neglected and under state court dependency to apply for legal status through SIJS. However, the District of Columbia Superior Court lacked jurisdiction over 18- to 21-year-olds in the District unless they were in the custody of the DC Child and Service Agency or previously determined neglected by the court. Consequently, many of these young adults were unable to seek the protection of SIJS.

This new path to SIJS relief will open the door for DC youth to pursue opportunities that will help them thrive. These youth will no longer miss out on immigration relief despite qualifying for SIJS under federal law because of misaligned and outdated DC laws. Our team has been working with the DC Superior Court staff and judges to implement procedures to obtain Vulnerable Youth Guardianship orders under the temporary bill since September 2023. KIND and other local legal services agencies have successfully filed for SIJS for several youth. Our attorneys and partners are excited for the opportunity to use this new pathway to help deserving young people in DC obtain SIJS and build their lives in our community.

Jessalyn Schwartz, senior attorney, KIND’s DC Office

Overcoming Legal Barriers for Vulnerable Youth

Erica, an 18-year-old KIND client from Guatemala, would have had no refuge without the enactment of this law. Erica fled abandonment and neglect from which she had no protection and sought safety with her father in the United States. Erica’s 16-year-old brother arrived in the United States before Erica and lives in the same home. Erica’s brother is able to seek SIJS in the existing framework that enables young people under 18 years old to be placed in the custody of an individual or entity and receive the necessary orders to apply for SIJS. However, Erica’s age would have precluded her from obtaining legal status, leaving her undocumented and exposed to deportation and additional separation from her family. The bill afforded these young siblings equal access, addressing their shared vulnerabilities and ensuring they receive the necessary legal protection as immigrant youth.

Celebrating the Impact and Future Opportunities

We celebrate the security and opportunity the Vulnerable Youth Guardianship Protection Act provides for Erica and other eligible immigrant youth in the District. This groundbreaking piece of legislation provides the legal pathways for eligible DC residents like Erica to fully realize their potential and qualify for certain federal benefits, seek employment in the District, pursue higher education, and remain active members of our community.

KIND extends our thanks to our allies who helped make this change a reality: The DC Council, especially Councilmembers Brianne Nadeau and Brooke Pinto; DC Mayor Muriel Bowser and her team; students, advocates, and community members who testified and supported this bill; staff and judges of DC Superior Court; and our partners at Legal Aid DC and the DC Immigrant Justice Platform.

Learn more about the Vulnerable Youth Guardianship Protection Act: