Class Action Lawsuit Targets Washington’s Child Welfare Agency Over Immigrant Foster Children
SEATTLE — A proposed class action lawsuit has been filed in King County Superior Court, claiming that Washington’s Department of Children, Youth and Families (DCYF) has failed to adequately protect immigrant foster children. The lawsuit accuses the agency of neglecting critical needs that could affect these youths’ ability to remain legally in the United States.
Legal Representation and Defendants Named in the Case
The lawsuit has been initiated by two young individuals represented by the Legal Counsel for Youth and Children, a Seattle-based nonprofit that advocates for the rights of youth in Washington. The suit names the Washington State Department of Children, Youth and Families, DCYF Director Tana Sen, and the state itself as defendants.
DCYF’s Inaction Claimed in the Suit
According to the complaint, DCYF is accused of failing to promptly identify the immigration status of minors in its custody. It alleges that the agency did not adequately inform the youths and their families of potential immigration relief options, nor did it provide necessary immigration-related services. Furthermore, the complaint states that DCYF did not monitor immigration court proceedings, exposing these youths to the risk of deportation.
Focus on Special Immigrant Juvenile Classification
The lawsuit highlights the importance of the Special Immigrant Juvenile Classification, a legal status designed to provide relief for abused, neglected, or abandoned children. This classification can pave the way for legal permanent residency and ultimately citizenship. However, the plaintiffs emphasize that it is imperative for Washington’s youths to secure the required juvenile court orders before reaching the age of 21.
Case Details: Individual Plaintiffs’ Circumstances
One of the plaintiffs is an 18-year-old from Guatemala currently in DCYF custody in King County. She entered the U.S. as an unaccompanied minor in 2023 and was placed in protective custody by DCYF in May 2025. She has since been recognized as a dependent by King County Superior Court. Her aspirations include remaining in the U.S., reuniting with her 3-year-old son, and pursuing an engineering degree.
Second Plaintiff’s Experience with DCYF
The second plaintiff is a 17-year-old girl from Guatemala who entered the United States as an unaccompanied minor in 2016. She is currently in DCYF custody while balancing work and caring for her 1-year-old daughter, who is a U.S. citizen. The complaint asserts that DCYF did not inform her aunt about potential eligibility for special immigrant youth classification nor did it file essential motions in her case.
Impact of DCYF’s Alleged Failures
The Legal Counsel for Youth and Children claims that the shortcomings of DCYF led to a transfer of associated responsibilities to an external organization with limited resources. The nonprofit organization represents over 300 youth in DCYF care as of 2025, including several who may qualify for the Special Immigrant Youth classification.
Policy Change and Legal Violations Alleged
The lawsuit also alleges that in May 2025, DCYF removed critical language from foster care applications that informed youth of their rights to legal services for determining eligibility for special immigrant youth status. The complaint contends that this action violates the Due Process Clauses of both the Washington and U.S. Constitutions, as well as the Washington Anti-Discrimination Act.
Demands for Policy Reform
As part of the legal action, the plaintiffs are requesting that DCYF establish and adhere to a clear policy aimed at identifying the immigration status of youth in its care. This policy would include helping eligible youths seek immigration relief and assisting those facing potential deportation. The lawsuit also calls for comprehensive training for caseworkers on immigration matters affecting minors in state custody.
