On November 3, Representative Pete Stark (D-CA) introduced legislation H.R. 3333 that would amend Title IV-E and require states to help alien children in the child welfare system apply for all available forms of immigration relief.  Rep. Stark’s presentation to the House of Representatives provided the historical perspective of why this legislation is necessary. When children are brought into the child protection system as illegal immigrants, the status of Special Immigrant Juvenile Status (SIJS) is available to a child in foster care who is under the age of 21 and cannot safely return to his or her family or return to country of origin.  The SIJS status provides a child in the child protection system with a pathway to becoming a citizen. Once a child leaves foster care, he/she is no longer eligible for SIJS. Rep. Stark indicated that many caseworkers are unaware of the resources available through SIJS or how to apply. As a result, eligible youth age out of foster care without legal status. The end result is living in fear of deportation and lack of services and resources that other youth transitioning to adulthood have available to them. 

The legislation introduced would require states to screen children for SIJS eligibility of the status and the resources available. It also directs states to apply and assist with applying for legal status, which would allow youth to receive the same benefits as other foster youth, including student loans, Medicaid, and food stamps.  The legislation will also authorize use of Court Improvement Program funds to educate and train child welfare and court staff members in assisting children in achieving special immigration juvenile status, lawful permanent resident status, and other forms of relief under immigration law.

 Rep. Stark was careful to ensure that the legislation has nothing to do with immigration reform but rather ensures state responsibility for children and youth who have been in state care and custody.