Tennessee Child Welfare System Fails to Address Kids’ Immigration-Related Needs, Class Action Claims

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A proposed class action against Commissioner of the Tennessee Department of Children’s Services (DCS) Margie Quin claims the state agency’s failure to address the immigration-related needs of children within its custody has caused them to permanently lose their chance to obtain certain federal immigration relief.

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The 39-page lawsuit says that to obtain Special Immigrant Juvenile Status (SIJS)—an immigration classification created by Congress in 1990 to establish a long-term path to lawful permanent residency for abused, neglected or abandoned youth—eligible children must receive an SIJS predicate order from the juvenile court before they turn 18. However, according to the case, eligible youth in Tennessee’s foster care system consistently miss their “most promising opportunity to become a U.S. citizen” because the DCS has no policies or procedures in place to ensure they apply for SIJS.

The complaint says that individuals who age out of DCS custody without obtaining immigration relief through SIJS face a constant fear of being deported to their home countries where they have no family or community connections and may face dangerous conditions. Without legal status, these young adults are also barred from qualifying for extended foster care services after they turn 18, obtaining authorization to work legally, getting a driver’s license and receiving public benefits like healthcare coverage or student financial aid, the filing relays.

“As a result, youth unable to obtain SIJS face poverty, exploitation, dependency on abusive adults, and limited socioeconomic mobility—the harms SIJS was created to avoid,” the suit stresses.

Per the case, the DCS is obligated under state law to provide for the “care, protection, training and education,” as well as the “physical, mental and moral welfare” of children within its custody. When it comes to children in DCS custody who lack legal status, part of the agency’s responsibility to care for them involves determining whether a child needs immigration-related services and helping them access those benefits, the lawsuit argues.

“Far from safeguarding immigrant children’s access to SIJS, DCS has engaged in a pattern and practice of obstructing children’s pathway to SIJS,” the filing alleges.

For one thing, the agency has publicly admitted that it does not track the immigration status of youth in foster care, despite being legally required to do so, the case relays. According to the complaint, the DCS fails to maintain policies or procedures for screening children to determine their eligibility for immigration relief or tracking the status of their SIJS applications.

Moreover, the suit alleges that the agency does not take steps to monitor children’s removal cases, which can result in missed court hearings and lead to deportation. It also has no policy set in place to ensure that children are transported to these hearings, the suit says.

Because the agency fails to train case managers to understand and address critical immigration-related issues, youth in its custody who are transitioning into adulthood are often deprived of adequate and timely immigration assistance and planning, the suit claims.

In many instances, Court Appointed Special Advocates (CASAs), guardians ad litem, foster parents, mental health service providers, immigration lawyers or family members who have notified the DCS of a child’s immigration legal needs say they’ve received no reply from the agency, the complaint contends. 

What’s more, the filing says the DCS routinely ignores requests from pro bono attorneys working with SIJS-eligible children to provide essential documents, such as birth certificates.

“Many of these children fled their home countries to escape from abuse, human rights atrocities, trafficking, and other violence,” the lawsuit reads. “In addition to these traumas, many risked their lives on their journeys to the United States—traversing thousands of miles by foot, bus, and train to find safety.”

The case points out that even after these children arrive in Tennessee, they remain vulnerable largely due to their lack of legal immigration status.  

The filing contests that “[by] failing to meet the needs of SIJS-eligible youth,” the DCS “[undermines] the goals of the child welfare system: safety, permanency, and wellbeing.”

The lawsuit looks to represent any immigrant children under the age of 18 in the custody of the Tennessee Department of Children’s Services who are eligible to apply for SIJS.

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