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NewsNBC Chicago – InvestigationsJuly 17, 2026United States

New Illinois Law Creates Legal Pathway for Unaccompanied Immigrant Children

A new Illinois law, known as Ashley's Law, allows unaccompanied immigrant children in federal custody to petition state courts for findings of abuse, neglect, or abandonment. This process is a required first step for children to apply for Special Immigrant Juvenile Status (SIJS), a protection they were previously unable to pursue while detained.

immigrationchild welfarelegal rightsIllinois law
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Why It Matters

The law changes the legal process for s in Illinois by allowing them to seek state court findings necessary for federal immigration protection while still in , potentially impacting their ability to access medical and mental health services.

Key Facts

  • Ashley's Law took effect in June 2024.
  • The law allows unaccompanied minors in federal custody to petition Illinois state courts for findings of abuse, neglect, or abandonment.
  • These state court findings are a prerequisite for applying for Special Immigrant Juvenile Status (SIJS).
  • Previously, children could only pursue SIJS findings after being released from federal custody.
  • At least six children have applied for this protection since the law passed in June.
  • The average time children spend in federal custody increased from 30 days in 2024 to 117 days the previous year.
  • The U.S. Department of Homeland Security cites concerns over 'unvetted' sponsors and potential criminal activity as reasons for changes in the reunification process.
  • Attorneys report that some children with SIJS protection have received removal orders, which are currently under appeal.

Who's Mentioned

personCristina Castro“State Senator (D-Elgin) who supported the bill.”other30“Average number of days children spent in federal custody in 2024.”organizationNational Immigrant Justice Center“Advocacy group that worked with lawmakers on the legislation.”other117“Average number of days children spent in federal custody last year.”organizationOffice of Refugee Resettlement“Federal agency responsible for placing unaccompanied minors with sponsors.”personMichael Hoyt“Managing attorney for the Immigrant Children’s Protection Project at the Nationa”personLilian Jiménez“State Representative (D-Chicago) who advocated for the bill.”personJB Pritzker“Governor of Illinois who signed the bill into law.”personAshley“A 17-year-old whose personal experience inspired the legislation.”organizationU.S. Department of Homeland Security“Federal department overseeing immigration and deportation processes.”