Changes to Immigration Laws for Migrant Children: How They May Impact Your Family

Immigration laws in the United States are constantly changing, and one of the latest updates affects migrant children who enter the country alone. If you or someone you know is caring for a child in this situation, it’s important to understand how these new policies work and what they mean for your family.

What Are the New Changes to Immigration Laws?

Recently, the U.S. government has implemented new rules regarding migrant children entering the country. One of the biggest changes is that any person who takes custody of an unaccompanied minor must now undergo fingerprinting to confirm they do not have a criminal record. This step is meant to increase safety and ensure that migrant children are placed in stable environments. However, it may also create challenges for families trying to provide care.

How These Changes May Affect Your Family in Texas

If you are thinking about taking in a migrant child in Texas, it’s important to understand how new policies may affect the process.

• Longer Wait Times – The government now requires fingerprinting and background checks for sponsors. This process can take weeks or even months, which may lead to longer stays for migrant children in government facilities before they can join a family.
• More Paperwork – Sponsors must provide additional documents to prove they can care for a migrant child. This may include identification, proof of income, and housing details.
• Privacy Concerns – Sponsors must submit fingerprints, which raises concerns for some about how their personal information will be stored and used by the government.
• Fewer Sponsors Available – The extra requirements may discourage some people from becoming sponsors, which could leave more migrant children in shelters for extended periods.

Understanding these changes can help sponsors prepare. In some cases, migrant children may also qualify for a Special Immigrant Juvenile (SIJ) Visa, which is available to those who have been abused, abandoned, or neglected by one or both parents. This visa provides a pathway to legal residency in the U.S., offering these children protection and a more stable future. If you are considering taking in a migrant child, consulting with a Texas immigration attorney can help you navigate the sponsorship process and determine if the child may be eligible for SIJ status.

Who Qualifies for Special Immigrant Juvenile (SIJ) Status?

To be eligible for SIJ status, a migrant child must meet specific legal criteria established by U.S. immigration laws. These requirements ensure that only children who genuinely need protection receive this status. The criteria include:

• Court Order Requirement – The child must obtain a court order from a state juvenile court confirming that reunification with one or both parents is not viable due to abuse, neglect, or abandonment. The court must also determine that returning to their home country is not in the child’s best interest.
• Age Limit – In Texas, the child must be under the age of 18 at the time of obtaining the necessary court order. However, they may still apply for SIJ status if they are under 21 at the time of filing the petition with U.S. Citizenship and Immigration Services (USCIS).
• Unmarried Status – The child must not be married at the time of filing or during the process.
• Dependency on a U.S. Court – The child must be under the jurisdiction of a U.S. court, which has determined they need protection and qualifies them for SIJ status. This could include children in foster care or under the guardianship of a state agency.

Children granted SIJ status cannot later petition for immigration benefits for their parents. Due to these complexities, working with an experienced immigration attorney in Dallas or Houston can help ensure that all necessary documentation is correctly prepared and submitted, improving the chances of a successful application.

Steps to Take If You Want to Sponsor a Migrant Child in Texas

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Sponsoring a migrant child is a significant commitment that requires careful preparation. If you are considering taking custody of a migrant child in Dallas or Houston, here’s what you need to know:

1. Prepare for Background Checks – Be ready to provide fingerprints and undergo a background check to prove that you are a safe guardian.
2. Gather Necessary Documents – Have identification, proof of residence, and any additional documents that might be required.
3. Understand the Responsibilities – Caring for a migrant child means ensuring they have food, shelter, education, and medical care.
4. Work with an Immigration Attorney – Laws regarding migrant children can be complicated. An attorney can help you navigate the process and determine if the child qualifies for an SIJ visa or other forms of relief.

Sponsoring a migrant child can be a life-changing experience for both the child and the sponsor, but the process can be challenging without the right guidance. If you or someone you know is considering taking custody of a migrant child in Dallas or Houston, the team at Davis & Associates can help. Contact us today to learn more about your legal options and how we can support you through this process.