Yesterday, Illinois Governor J.B. Pritzker signed Ashley’s Law (HB4890), implementing critical protections for unaccompanied children who are in federal immigration custody in Illinois.
Ashley’s Law creates an avenue for immigrant children who have been abused, neglected, or abandoned by one or both parents and are living in federal Office of Refugee Resettlement (ORR) shelters in Illinois to file petitions with a state court that allow them to begin the process of seeking permanent legal status in the United States.
The new law’s protections are particularly critical now, as the Trump administration refuses to release children from federal custody and has sped up deportation proceedings, eroding due process and leaving many children vulnerable to deportation despite being eligible for protection.
Effective immediately, detained unaccompanied children in Illinois can petition Illinois state courts to seek a finding of abuse, neglect or abandonment and of dependency on the court, the first step in the process to apply for Special Immigrant Juvenile Status (SIJS), a form of immigration relief which provides children a potential future pathway to permanent residence. Previously, children did not have access to the state court while they were in ORR custody and were only able to pursue SIJS protection after being released to their families.
Ashley is a child who was forced to flee to the United States after her father was murdered and her mother abandoned her. She was placed in ORR custody and was eligible to receive SIJS protection, but faced potential removal because Illinois lacked a process for her to access the state court system.
The National Immigrant Justice Center (NIJC), Children’s Legal Center, and the Office of the Cook County Public Guardian are deeply grateful to the 20-plus community partners and offices who supported Ashley’s Law throughout the legislative process.
The bill’s lead advocates responded to the new law’s passage with the following statements:
Laura Smith, Children’s Legal Center:
“Until now, minor children in ORR custody in Illinois who have been abused, abandoned or neglected by their parent(s) were forgotten in our laws. Ashley’s Law provides the necessary protection for these very vulnerable children to receive the safety that they deserve. Protecting vulnerable children is a shared value in Illinois, and Ashley’s Law reflects that.”
Charles P. Gobert, Cook County Public Guardian:
“This is a huge win for some of our most vulnerable children, for access to the courts, and for the rule of law.”
Hillary Richardson, NIJC associate director for children’s protection:
“Many detained unaccompanied immigrant children served by NIJC qualify for protection under U.S. immigration law, often in the form of Special Immigrant Juvenile Status. Until this bill became law, children in ORR custody in Illinois were precluded from seeking the necessary juvenile court orders to seek SIJS. Several NIJC clients facing imminent risk of deportation can now start their SIJS case, thanks to Ashley’s Law. In a climate where the federal administration has undermined basic principles of fairness, these children will finally experience a glimmer of justice.”
Cecilia Mendoza, NIJC associate director of government relations:
“Ashley’s Law sends a clear message that in Illinois, we protect children who have suffered abuse, neglect, or abandonment regardless of their immigration status. Not only did Illinois respond to the needs of detained immigrant children but also acted with the urgency this moment demands. Thank you to our fierce leaders, Representative Lilian Jimenez and Senate Leader Cristina Castro for leading the way. And thank you to Governor Pritzker for swiftly signing Ashley’s bill into law!”