Introducing the Foster Chilren Opportunity Act

Floor Speech

* Mr. STARK. Mr. Speaker, I rise today to introduce legislation to ensure that thousands of abused and neglected immigrant children in our foster care system have the opportunity to overcome their abuse and become successful adults.

* Every year, hundreds and perhaps thousands of abused and neglected children leave the child welfare system and become illegal immigrants through no fault of their own. Under a law passed by Congress in 1990 immigrant foster youth are able to gain legal status. This status, known as Special Immigrant Juvenile Status (SIJS), is available if a child is in the foster care system, under 21, and cannot be safely reunified with their family or returned to their country of origin.

* SIJS ensures that the child has a recognized legal status and a pathway to becoming a citizen. After a young person leaves foster care, they are not eligible for SIJS. Unfortunately, many youth and many caseworkers are unaware of SIJS or how to apply. As a consequence, potentially eligible youth ``age out'' of the foster care system every year without a legal status. After being cared for by our child welfare system because they were victims of abuse and neglect, these young people then leave the system and face the threat of deportation and lack access to the supports other transitioning foster youth rely upon. My office has heard from young people who aged out of the system and others who were adopted who never heard of SIJS. These youth were forced into the underground economy, face exploitation, and live in constant fear of being deported to a country they don't know.

* To fix this problem, the Foster Children Opportunity Act will require that all children in the foster care system be screened for SIJS eligibility and other forms of immigration relief. It also requires that they be assisted in applying for the status. Child welfare agencies and juvenile courts will be provided with technical assistance and additional resources to make this happen. In addition, my legislation will guarantee that youth who obtain SIJS have access to the same benefits, such as student loans, Medicaid, and food stamps that support other former foster youth as they make the transition to adulthood.

* My bill will not change current immigration law. Nor will it result in any adults who have engaged in illegal behavior from gaining legal status because a person with SIJS cannot act as a sponsor for any family members. The Foster Children Opportunity Act has nothing to do with the fight over immigration reform. It is simply about fulfilling our responsibility to all abused and neglected children and providing these youth with a fighting chance to succeed. I encourage all my colleagues to join me in supporting this simple legislation that will improve the lives of thousands of vulnerable children.

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