[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Proposed Rules]
[Pages 55250-55251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22570]

Proposed Rules
                                                Federal Register

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.


Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / 
Proposed Rules

[[Page 55250]]


U.S. Citizenship and Immigration Services

8 CFR Parts 204, 205, and 245

[CIS No. 2474-09; DHS Docket No USCIS-2009-0004]
RIN 1615-AB81

Special Immigrant Juvenile Petitions

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Proposed rule; reopening of the comment period.


SUMMARY: The Department of Homeland Security (DHS) announces the 
reopening of the public comment period for the proposed rule titled, 
Special Immigrant Juvenile Petitions, 76 FR 54978. DHS published the 
proposed rule on September 6, 2011, and accepted comments until 
November 7, 2011. To provide the public with further opportunity to 
comment on the proposed rule, DHS will reopen the comment period for an 
additional 30 days. DHS will consider comments received during the 
entire public comment period in its development of a final rule.

DATES: The comment period for the proposed rule published on September 
6, 2011 (76 FR 23534) is reopened. You must submit written comments and 
related material on or before November 15, 2019.

ADDRESSES: You may submit comments on the entirety of this proposed 
rule package, to include the proposed information collection 
requirements, which is identified as DHS Docket No. USCIS-2009-0004, by 
any one of the following methods:
     Federal eRulemaking Portal (preferred): http://www.regulations.gov. Follow the website instructions for submitting 
     Mail: Samantha Deshommes, Chief, Regulatory Coordination 
Division, Office of Policy and Strategy, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, 20 Massachusetts 
Avenue NW, Washington, DC 20529-2140. To ensure proper handling, please 
reference DHS Docket No. USCIS-2009-0004 in your correspondence. Mail 
must be postmarked by the comment submission deadline. Please note that 
we will not accept any comments that are hand delivered or couriered. 
In addition, we will not accept any comments that are on removable 
media (e.g., thumb drives, CDs, etc.). All comments that are mailed 
must be addressed as specifically written above.

FOR FURTHER INFORMATION CONTACT: Maureen Dunn, Chief, Division of 
Humanitarian Affairs, Office of Policy & Strategy, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, 20 Massachusetts 
NW, Washington, DC 20529-2140; telephone number 202-272-8377 (This is 
not a toll-free number. Comments are not accepted via telephone 


I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
rule. DHS also invites comments that relate to the economic or 
federalism effects that might result from this rule. Comments that will 
provide the most assistance to DHS will reference a specific portion of 
the rule, explain the reason for any recommended change, and include 
data, information, or authority that support such recommended change.
    Instructions: All submissions received must include the agency name 
and DHS Docket No. USCIS-2009-0004. Providing comments is entirely 
voluntary. Regardless of how comments are submitted to DHS, all 
submissions will be posted, without change, to the Federal eRulemaking 
Portal at http://www.regulations.gov and will include any personal 
information provided by commenters. Because the information submitted 
will be publicly available, commenters should consider limiting the 
amount of personal information provided in each submission. DHS may 
withhold information provided in comments from public viewing if it 
determines that such information is offensive or may affect the privacy 
of an individual. For additional information, please read the Privacy 
Act notice available through the link in the footer of http://www.regulations.gov.
    Docket: For access to the docket, go to http://www.regulations.gov 
and enter this rulemaking's eDocket number: USCIS-2009-0004.

II. Background

    On September 6, 2011, DHS published a Notice of Proposed Rulemaking 
(NPRM) in the Federal Register at 76 FR 54978 and received 58 public 
comments. USCIS proposed to amend its regulations governing the Special 
Immigrant Juvenile (SIJ) classification, see Immigration and 
Nationality Act (INA) sec. 101(a)(27)(J), 8 U.S.C. 1101(a)(27)(J), and 
related applications for adjustment of status to that of a lawful 
permanent resident, see INA sec. 245(h), 8 U.S.C. 1255(h). See also 8 
U.S.C. 1232(d)(2). Specifically, the NPRM sought to revise DHS 
regulations at 8 CFR 204.11, 205.1, and 245.1 to:
     Implement statutorily mandated changes by revising the 
existing eligibility requirements under the following statutes:
    [cir] Immigration and Nationality Technical Corrections Act of 
1994, Public Law 103-416, 108 Stat. 4319 (Jan. 25, 1994);
    [cir] Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1998 (CJS 1998 Appropriations 
Act), Public Law 105-119, 111 Stat. 2440 (Nov. 26, 1997);
    [cir] Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162, 119 Stat. 
2960 (Jan. 5, 2006);
    [cir] William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (TVPRA 2008), Public Law 110-457, 122 Stat. 
5044 (Dec. 23, 2008).
     Clarify the use of the term ``dependency'' as used in 
section 101(a)(27)(J)(i) of the INA, 8 U.S.C. 1101(a)(27)(J)(i), 
including that such dependency, commitment, or custody must be in 
effect when a Petition for Amerasian, Widow(er), or Special Immigrant 
(Form I-360) is filed and must continue through the time of 
adjudication, unless the age of the petitioner prevents such 
     Clarify that the viability of parental reunification with 
one or both of the child's parents due to abuse, neglect, or 
abandonment, or similar basis under

[[Page 55251]]

state law must be determined by the juvenile court based on applicable 
state law.
     Clarify that DHS consent to the grant of SIJ 
classification is only warranted when the petitioner demonstrates that 
the state court order was sought primarily for the purpose of obtaining 
relief from abuse, neglect, abandonment or some similar basis under 
state law and not primarily for the purpose of obtaining lawful 
immigration status; and that the evidence otherwise demonstrates that 
there is a bona fide basis for granting SIJ classification.
     Clarify that USCIS may seek or consider additional 
evidence if the evidence presented is not sufficient to establish a 
reasonable basis for DHS consent.
     Remove automatic revocation under 8 CFR 205.1(a)(3)(iv)(A) 
and (C) to the extent that they pertain to a juvenile's age and are 
inconsistent with age-out protections under TVPRA 2008.
     Implement statutory revisions exempting SIJ adjustment-of-
status applicants from four additional grounds of inadmissibility and 
clarify grounds of inadmissibility that cannot be waived.
     Improve the application process by clearly listing 
required initial evidence that must accompany Form I-360 and amend what 
constitutes supporting documentation; and
     Make technical and procedural changes; and conform 
    DHS is reopening the comment period to refresh this proposed rule 
and allow interested persons to provide up-to-date comments in 
recognition of the time that has lapsed since the initial publication 
of the proposed rule. Both the public and the Government will benefit 
from clarifications regarding eligibility and procedures for the SIJ 
classification. Due to the lapse in time since the NPRM was issued, DHS 
seeks to reengage the public and allow further input on the proposed 

Kevin K. McAleenan,
Acting Secretary.
[FR Doc. 2019-22570 Filed 10-15-19; 8:45 am]