Signed by Governor JB Pritzker

Vote Smart's Synopsis:

Vote to pass a bill that authorizes certain visas for undocumented children that have been victims of abuse, neglect, or abandonment.

Highlights:

• Authorizes the court to have the jurisdiction for enabling a minor that is a ward of the court to petition the United States Citizenship and Immigration Services to be classified as a special immigrant juvenile (Sec. 5).

• Defines “abandonment” as the failure of a parent or legal guardian to maintain a reasonable degree of interest, concern, or responsibility for the welfare of their minor child or ward, and specifies that “abandonment” is not limited to just this definition (Sec. 2-4a).

• Specifies that if a motion requests findings concerning Special Immigrant Juvenile Status, and evidence supports the findings, the court will issue an order that includes the following findings (Sec. 5):

• A declaration stating that the minor is a dependent of the court, or that the minor is legally committed to, or placed under the custody of a State agency or department, or an individual or entity appointed by the court;

• Reunification between the minor and one or both of the minor’s parents is not possible because of abuse, neglect, abandonment, or another similar basis; and

• It remains in the best interest of the minor to not be returned to the minor’s or parent’s country of nationality or former place of habitation.

• Requires information concerning the immigration status of the child, the child’s parent, or the child’s guardian that is not otherwise protected by State confidentiality laws, to remain confidential in any proceedings connected to classifying a child as a Special Immigrant Juvenile, and will only be made available for inspection by the court, the child involved, the parties, the attorneys for the parties, the child’s counsel, and the child’s parent or guardian (Sec. 10).

• Authorizes a State court with competency in assigning parenting responsibilities to enable any child that is the subject of a petition to allocate parenting responsibilities, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile (Sec. 10).

• Authorizes a State court with competency in adjudicating parentage to enable any child that is the subject of a proceeding to adjudicate parentage, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile (Sec. 15).

• Authorizes a State court with competency in adjudicating adoption petitions to enable any child that is the subject of a pending adoption petition, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile (Sec. 20).

• Authorizes a State court with competency in issuing orders of protection to enable any child that is the subject of, or a minor child included in a petition for an order of protection, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile (Sec. 25).

• Authorizes a State court with competency in adjudicating petitions for guardianship to enable any child that is the subject of a petition for guardianship, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile (Sec. 30).

Full Bill Text