FILE – Hundreds of Seattle students from various schools gather for the ‘ICE Out of Seattle Schools’ rally on February 5, 2026 at Seattle City Hall.
An 18-year-old Guatemalan girl, who entered the United States alone in 2023 without a legal guardian, and another 17-year-old girl from Guatemala, who came in search of her mother, are currently in Washington state’s foster care system. A new lawsuit alleges that the state has not provided adequate immigration assistance to these minors, putting them at risk of deportation.
The class action lawsuit filed against the Washington State Department of Children, Youth and Families (DCYF) demands more proactive measures to identify and assist immigrant youth eligible for legal status. Estimates suggest that over 100 undocumented youths in the state’s custody may qualify for greater immigration aid.
Leah Yow, executive director of Youth and Family Lawyers, a plaintiff in the lawsuit, emphasized that all immigrant youth deserve an opportunity to assess their eligibility for legal services aimed at securing citizenship. “Young people in foster care are often eligible for immigration relief, but the inaction of the DCYF hinders their access to that relief,” Yow stated.
Undocumented children in foster care can apply for the Special Immigrant Juvenile (SIJ) classification, intended for those who have endured abuse, abandonment, or neglect by their parents. Upon approval, these youths may subsequently qualify for legal permanent residency.
Yow criticized Washington State’s approach, claiming it falls significantly short compared to other states like Tennessee, which have successfully implemented policies to provide extensive legal support to unaccompanied immigrant minors. “Despite supporting pro-immigration initiatives, Washington has not matched the efforts of other states,” she remarked.
In response to the allegations, Nancy Gutierrez, a spokeswoman for DCYF, stated that the agency believes the claims made by the Youth and Family Counsel are unfounded. “DCYF is committed to the well-being of all children in our care, including the specific needs of immigrant youth,” Gutierrez affirmed.
Amid a broader federal crackdown on immigration initiated under former President Donald Trump, DCYF was instructed by Governor Bob Ferguson to form a rapid response team aimed at assisting children facing potential separation from their families. Legal advocates and state officials have communicated regarding the appropriate level of immigration support for undocumented youth prior to the lawsuit.
Executive Director Tara Senn remarked in a letter last year that the agency is not legally obligated to actively pursue immigration status for youths in state custody. She highlighted other pressing priorities for children separated from their families, asserting that efforts are focused on ensuring family unity unless it compromises the child’s well-being.
Advocates express concern that the state’s approach neglects its duty to facilitate potential legal status for foster youth. They argue that planning for early access to legal status is a critical part of the state’s responsibility toward these children. In a follow-up in the same letter, Senn indicated that while avenues for legal assistance exist, it is primarily the responsibility of the children and their parents to initiate such requests.
Legal barriers complicate the situation for youths transitioning out of foster care, as seen in one instance where, between January and August 2025, 54 foster youths aged 18 to 21 were denied assistance after obtaining legal help elsewhere. Among the two teens who initiated the lawsuit, only one has begun the SIJ application process, with growing concerns about delays due to immigration court backlogs.
Aging out of foster care without securing immigration relief poses a significant risk. If eligible youths do not take action prior to turning 21, they face potential arrest and deportation. Advocates warn that without proper support, many may miss critical opportunities for legal status.
This coverage is part of the Northwest News Network, a collaboration among public media organizations across Oregon and Washington. Gustavo Segrero Alvarez contributes to these reports, highlighting essential issues within the region.
