Subcommittee backs measure to let certain 18–21-year-olds seek Special Immigrant Juvenile findings
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Summary
HB 667 would let unmarried noncitizen youth ages 18–21 who were abused, abandoned or neglected petition Virginia courts for custody findings required to seek Special Immigrant Juvenile Status; advocates said the change aligns state law with federal rules and would help youth who miss protections when they turn 18.
Delegate Maldonado told the subcommittee HB 667 would align Virginia law with federal immigration rules so certain noncitizen youth aged 18–21 can obtain custody findings that are prerequisites for Special Immigrant Juvenile Status. Emily Lipinski of the Legal Aid Justice Center described the 600‑to‑900 youth rough estimate who could benefit annually and said the change is absorbable into existing court processes.
Rebecca Ontiveros Chavez and other practitioners described cases of youth who missed federal protections because state courts lacked a mechanism after the young person turned 18. "Lucia would have been eligible for SIJS if only Virginia law had a path to petition the court for those custodies," a witness said, describing clients who turned 18 before a custody petition could be filed.
Lawmakers questioned cost and whether the remedy should be custody or guardianship; advocates said custody filings formalize physical care and supervision and can enable access to healthcare, tuition, and other supports. The subcommittee reported the amended substitute by a vote of 5 to 2; proponents said the change would remove a statutory mismatch with federal law and help vulnerable youth access federal immigration protections.