by Kasey Husk 

For most Americans, the words “child labor” evoke visions of the past, perhaps the blackened faces of boys emerging from coal mines or girls working at the looms of New England textile mills. It is a world that most Americans think lives only in black-and-white images from schoolbooks.

Child labor is a persistent problem in the United States, but today its main victims are underage and often unaccompanied migrants who have crossed the border from their country of origin in the hope of finding a better life for themselves and their families. An investigative report by The New York Times published in February 2023 found that many of America's largest employers employ children as young as 12, often in jobs so dangerous that minors are legally prohibited from working in the industry. These children face extraordinary economic pressures to support themselves, pay off debts, or support their families back home. Sometimes, they must do all three. As such, unscrupulous companies, eager to find bodies to perform what is often difficult, unpleasant, or dangerous work for very little pay, turn a blind eye to the obvious youth of their employees. 

At Eagan Immigration, we seek to help immigrants from all walks of life. Every person's circumstances are different, but Eagan's immigration attorneys are experts in helping our clients identify any possible path to legal permanent residency and citizenship in the United States. 

One of those options, exclusive to those under 21, is the Special Immigrant Juvenile Status. This petition, which is available to immigrant children legally classified as abused, abandoned, or neglected by one of their parents, can lead to lawful permanent residency in the United States. But first, let's take a closer look at child labor in the United States.

The exploitation of underage immigrants in the United States: a brief look at the problem

The United States government sought to end the exploitation of child labor in this country more than 80 years ago. The Fair Labor Standards Act of 1938, the defining legislation that enacted strict federal child labor provisions, sought to ensure that when young people worked, they did so in a safe manner that did not jeopardize their health, well-being, or educational opportunities. To that end, a minimum age for employment was enacted (generally 14 years old for non-agricultural work), as well as restrictions on the time of day a young adolescent could work and how many total hours. 

Minors were completely banned from working in certain industries and jobs, as they were considered too dangerous. However, in recent years, an increasing number of children are entering the United States unaccompanied, often out of economic necessity or because they are fleeing dangerous conditions in their home countries or a violent family life. More and more children are coming alone, partly due to U.S. legal provisions that prevent unaccompanied children caught crossing the southern border from being sent alone to Mexico, where they would be at high risk of being trafficked or harmed if abandoned there. 

Instead, these minors are taken into custody in the United States, where they are generally held in facilities of the Office of Refugee Resettlement (ORR) until they can be handed over to an adult willing to assume responsibility for them during the years-long immigration process. According to the New York Times report, children in the past used to be handed over to a parent or other relative already living in the United States. 

The soaring increase in the number of unaccompanied minors crossing the border (more than a quarter of a million in the last two years alone) has placed increasing pressure on ORR administrators to quickly release the children to a sponsor. 

As a result, researchers have found systemic flaws both in the vetting of these “sponsors” and in the follow-up care provided to the children after they are placed with a caregiver, who is supposed to provide them with housing, food, clothing, and school enrollment. Of the more than 250,000 unaccompanied children who entered the United States during those two years, about one-third (85,000) were unaccounted for just one month after their release. It’s a blood-curdling number. 

So, what is happening with these missing migrant children? 

In what The New York Times calls “the new economy of exploitation,” migrant children arriving in the United States are increasingly finding themselves employed in some of the country’s toughest and most dangerous industries. Investigators found children as young as 12 working long hours in slaughterhouses, auto manufacturing plants, construction sites, and virtually every other type of industry. Shockingly, at least a dozen children have died in accidents at these dangerous workplaces since 2017; countless others have been maimed. 

Furthermore, workplace demands often make it reasonably impossible for children to attend school, leading many to drop out or never enroll. Many of these children's employers are household names, though these companies often insulate themselves from the issue by using employment agencies to find workers rather than employing them directly. 

These immigrant children are almost always working without legal authorization, often using false documents—usually provided by an adult in their lives—even though older teenagers would likely qualify for an Employment Authorization Document (EAD) while they await the resolution of their own immigration cases. However, applying for such permits can be a daunting process for a teenager who is alone in the United States. 

Why do these children work? 

Migrant children are often subjected to intense pressure to earn as much money as possible. In many countries, remittances from family members working abroad are vital to the family's survival. Due to special rules for minors, parents send their children to work in the United States with the expectation that they will send back every penny they can to support the rest of the family. 

In other cases, children join parents who are already living in the United States but are forced to work to supplement the family’s income. If a child is placed with a “sponsor” whom he or she does not actually know—a distant relative or even a stranger—the child runs the risk of having all his or her earnings confiscated by the “sponsor,” who claims it is for the child’s support. 

In other situations, these children are effectively alone after being handed over to “sponsors” who have neither the ability nor the intention to care for them. This leaves these children desperate to earn enough to pay their own rent, food, clothing, and often to pay off debts incurred on the journey to the United States.

How Can Applying for Special Immigrant Youth Status Help?

Unmarried immigrants under the age of 21 (18 in some states) may be granted Special Immigrant Juvenile Status (SIJS) if they have been abused, abandoned, or neglected by one of their parents. These particularly vulnerable immigrants are considered to need the protection of juvenile court due to their young age. If a child is granted this status, he or she may receive a work permit, which allows them to find safer and better-paying work in the United States with a reputable employer, and may ultimately receive lawful permanent resident status and, eventually, U.S. citizenship. 

Having this status can give them access to resources that can help them thrive in the United States, in addition to offering them greater protection against those who would exploit them. While it is important to keep in mind that not all underage immigrant employees will fall into this category, many children forced to support themselves in the United States will. . That child must obtain a juvenile court order determining that the child is a ward of the court or is in the custody of a state agency or a person appointed by the court—that is, a guardian. 

The court must determine that the child cannot be reunited with one or both parents due to abuse, neglect, or abandonment, and that it is not in the child’s best interest to return to his or her country of origin or last place of residence. The minor will then submit that court order, along with proof of age, a letter of consent from the Office of Refugee Resettlement (if in ORR custody), and Form I-360, Petition for an Amerasian, Widow(er), or Special Immigrant to USCIS. 

The processing time for SIJS petitions is faster than for most other types of petitions; USCIS reports that a petitioner will generally receive a response within six months. Once a minor is approved for SIJS status, he or she may be able to apply for a green card. However, there is one important thing to keep in mind It is just that Anyone who receives status in the United States through SIJS status will not be able to sponsor any other family members in the future.

How Eagan Immigration Can Help

If the status application process in the United States sounds complicated, you are not alone. Trying to navigate the immigration system is a daunting prospect for adults, let alone minors who are new to the United States. It can be difficult to know just by reading articles whether you or a loved one might qualify for a specific type of petition. 

This is where law firms like Eagan Immigration come into play. At Eagan Immigration, our experienced immigration attorneys will treat you with respect and compassion as they guide you through all your available options for immigration petitions. Eagan Immigration specializes in helping the most vulnerable among us, including victims of abuse (VAWA self-petitions), victims of human trafficking (T visas), victims of crime (U visas), and children who have been abused, neglected, or abandoned (SJIS). We’re here for you every step of the way.

Are you wondering if Eagan Immigration can help you?

Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.

This information is for educational purposes only and does not constitute legal advice.