Two Guatemalan teenagers in Washington State’s foster care system are at the center of a class action lawsuit claiming inadequate immigration assistance. One girl, now 18 and a high school graduate, entered the United States alone in 2023 without a legal guardian. Another girl, currently 17, made the journey to reunite with her mother. The lawsuit alleges that the state has failed to provide the necessary support to help these girls navigate the complexities of immigration law, putting them at risk of deportation.
The lawsuit, initiated against the Washington State Department of Children, Youth and Families (DCYF), contends that the state must enhance its efforts to identify and assist immigrant youth who may qualify for legal status. Legal representatives estimate that over 100 undocumented youths in state custody could be eligible for additional immigration assistance.
Leah Yow, executive director of Youth and Family Lawyers, one of the plaintiffs in the lawsuit, emphasized that every immigrant youth deserves at least an assessment of their eligibility for legal services that could aid their path to citizenship. She noted that youths in foster care typically qualify for immigration relief, yet DCYF’s inaction prevents them from accessing these vital protections.
Undocumented children in foster care may be eligible for the Special Immigrant Youth (SIJ) classification, intended for those who have faced abuse, abandonment, or neglect. If granted this status, they could subsequently qualify for legal permanent residency.
Yow pointed out that despite Washington’s pro-immigration stance, the state falls significantly short compared to others that have implemented more aggressive policies to provide legal support for unaccompanied immigrant minors. She highlighted Tennessee as a benchmark for effective action on this front.
We must enhance our efforts; DCYF needs to fulfill its commitments,” Yow stated, advocating for a more robust response from the agency.
In response to the allegations, Nancy Gutierrez, a spokeswoman for DCYF, denied the claims made by Youth and Family Lawyers, asserting that the welfare of all children in care is a priority, including the unique needs of immigrant youth.
In the wake of former President Donald Trump’s mass deportation efforts, Governor Bob Ferguson directed DCYF to assemble a rapid response team aimed at assisting children facing potential separation from their families.
Prior to the lawsuit, legal advocates and the DCYF exchanged correspondence regarding the appropriate level of legal support that should be offered to undocumented youths. In a letter dated August 26 of last year, DCYF Executive Director Tara Senn stated that the agency does not have a legal obligation to proactively pursue immigration status for children in their care, adding that other priorities take precedence for those separated from their families.
Senn noted that Washington State legislation emphasizes the preservation of family units unless it jeopardizes a child’s well-being. In certain cases, reunification may occur outside the U.S., taking into account the child’s best interests and the parents’ preferences.
However, Senn clarified that DCYF is not denying foreign-born children the chance to seek legal status in the U.S.
Legal advocates perceive the state’s inaction as a failure to fulfill its obligation to provide access to potential immigration protections for youth in the foster care system. In her letter, Senn mentioned that while there are avenues for children to receive legal assistance regarding immigration, it ultimately requires children or their parents to initiate the conversation.
This process becomes particularly critical as youths transition to extended foster care from ages 18 to 21, where the primary goal is to facilitate a successful transition to adulthood. During this period, state officials are expected to assess the youths and, with their consent, refer them to legal immigration resources.
From January to August 2025, Senn indicated that 54 foster youths aged 18 to 21 had been denied assistance, as they secured help from other resources.
Among the two plaintiffs in the lawsuit, only one has begun the Special Immigrant Juvenile Classification process, and the complaint asserts that the state is not expediting her case sufficiently. Due to persistent backlogs in immigration courts, advocates express concern that these vulnerable teens may not have their cases resolved before time runs out.
If youths age out of the foster care system at 21 without proper legal protection, they could face arrest and deportation, underscoring the urgency of the situation.
