Young immigrants could use family court cases for immigration findings

Young immigrants or their caregivers could request immigration-related findings in pending or reopened Family Part cases. These procedures would cover people under 21 who have pending or previous cases in New Jersey’s Family Part court. Siblings who share both parents could use one complaint or motion, but the court would issue a separate order for each sibling. These findings would support a federal immigration application; they would not grant immigration status or permanent residency. These procedures would take effect on the first day of the second month after enactment.

Courts would limit evidence demands before filing and decide certain later evidence needs case by case. For applicants under 21, country-condition evidence would require an individual finding of need. For ages 18 through 20, particular proof of continued dependence, such as school enrollment or military-service obligations, would also require that finding. Federal or State law could still require evidence before a request is filed, entered on the court’s case list, or scheduled. Courts could require evidence they find relevant to the facts of an individual case. These evidence rules would take effect on the first day of the second month after enactment.

Court orders would address the required facts about the youth’s care, family situation, and best interests. These findings would apply to orders for people under 21 seeking Special Immigrant Juvenile Status, a federal immigration category for certain young people harmed by their parents. Orders would address the court’s legal authority over the youth’s care and whether the youth depends on the court or has a court-appointed custodian or guardian. Orders would address whether reunion with one or both parents is not possible because of abuse, neglect, abandonment, or a similar reason under State law. Orders would address whether returning to the youth’s country of origin is against the youth’s best interests. For ages 18 through 20, the court would address whether the youth still depends on a caregiver, State agency, or court-appointed person for emotional or material support. These order requirements would take effect on the first day of the second month after enactment.

Courts would record the reasons and legal basis for each finding and include a confidentiality statement in each order. These requirements would apply to each order issued under the proposed procedures. The order would authorize disclosure to federal immigration officials in connection with the person’s application for immigration relief. These recording and confidentiality requirements would take effect on the first day of the second month after enactment.