Illinois Enacts Ashley’s Law to Protect Vulnerable Immigrant Children
A new Illinois law aimed at safeguarding vulnerable immigrant children who arrive in the United States unaccompanied took effect in June. This development comes amid concerns from immigration lawyers regarding the accelerated pace of deportation proceedings under the Trump administration.
Ashley’s Law is named after a 17-year-old girl who journeyed to the U.S. alone following her father’s murder and her mother’s abandonment. Despite qualifying for Special Immigrant Juvenile Status (SIJS)—a specific form of protection for unaccompanied minors who have faced abuse, abandonment, or neglect—she was unable to pursue these protections while in federal custody due to a lack of legal avenues in Illinois.
This gap prompted lawmakers to take action. Ashley’s Law became the first bill signed by Illinois Governor JB Pritzker in June, with legislators recognizing that there were immediate beneficiaries of this new legislation.
Unaccompanied children fleeing violent or extreme conditions in their home countries are taken into custody by the federal government’s Office of Refugee Resettlement until a suitable sponsor can be found. Over the past year, significant shifts in the legal landscape have raised concerns, according to Michael Hoyt, lead attorney for the Migrant Child Protection Project at the National Immigrant Justice Center.
Hoyt noted that the processes for family reunification and sponsorship have seen substantial delays since the onset of the Trump administration. “Children are now spending much longer in shelters—what used to average 30 days is now approaching 117 days,” he said. A spokesperson for the U.S. Department of Homeland Security attributed some of these delays to concerns over potential risks posed by “unvetted” sponsors.
In response to these challenges, the National Immigrant Justice Center and other advocacy groups have collaborated with Illinois legislators to advance Ashley’s Law. “Federal law permits these young people to have guardians, so why are we keeping them in detention? This approach wastes taxpayer resources and hinders their development as they grow up in this country,” stated Rep. Lillian Jimenez, D-Chicago.
Ashley currently remains in federal custody outside of Chicago. “She continues to demonstrate remarkable courage, pursuing her community service and educational goals. She came all the way to Springfield to support the bill’s passage,” Jimenez added.
Before Ashley’s Law was enacted, immigrant children eligible for SIJS lacked protection while in federal custody, only able to seek recourse after being released to their families. The National Immigrant Justice Center now reports that these children can seek Illinois state court findings related to abuse, neglect, abandonment, and dependency—an essential step in the SIJS application process.
The new law also aims to ensure that these children have access to necessary medical and mental health care through the immigration process. State Senator Cristina Castro, D-Elgin, noted that at least six children have successfully pursued protective measures since the law’s inception in June.
While this legislation represents progress, local immigration attorneys have raised alarms about recent cases involving SIJS children facing deportation orders. Reports indicate that at least three children in the Chicago area have received such orders, although these decisions are under appeal.
