WA child welfare agency sued for treatment of immigrant youths

A proposed class action lawsuit filed last week alleges Washington's child welfare agency has failed to provide immigrant youths with legal services that could grant them a pathway to legal status.

The lawsuit, filed against the Department of Children, Youth and Families and the agency's secretary, Tana Senn, centers on a federal immigration pathway known as Special Immigrant Juvenile status: a green card opportunity for young people who have been abandoned, abused or neglected by a parent, are under the care of the state, and for whom returning to their birth country would not be in their best interest.

The lawsuit was filed on behalf of two young immigrants from Guatemala, identified by their initials in the suit, who came into DCYF's care and now live in King County.

One of them, a 17-year-old girl, entered the U.S. alone about a decade ago. After investigating reports of abuse and neglect starting in 2021, a court found she should be in the custody of DCYF.

The other, an 18-year-old woman, entered the U.S. alone in 2023 after facing violence and threats" in Guatemala, and she was found to be a dependent and neglected child in 2025.

The complaint alleges neither teen was informed by DCYF that they are eligible for Special Immigrant Juvenile classification, and that the department did not prepare materials for them to initiate the process or monitor their immigration statuses. The 17-year-old did not know any information about her status, the lawsuit alleges.

The special classification, and eventual legal permanent resident status, comes with eligibility for public benefits including student financial aid and work authorization. The status can provide a pathway to citizenship.

In a response, DCYF said it "takes the welfare of every child in its care seriously, including the unique needs of immigrant youth." Spokesperson Nancy Gutierrez said the department believes the claims "lack merit."

Most immigrant foster youths are likely eligible for Special Immigrant Juvenile status, said Rhea Yo, executive director of Legal Counsel for Youth and Children. The nonprofit, which provides legal services for Washington children, is also a plaintiff.

The complaint states at least 60 immigrant youths are in DCYF custody, but believes the actual number is higher. Because the department doesn't track all immigrant youths, understanding the scope of the issue is difficult, Yo said.

The first step in acquiring the status is getting a court order from a state judge who finds the child cannot be reunified with their parents and that it is not in the child's interest to return to their birth country. For the judge to sign the order, they need background information and records about the child - which is DCYF's responsibility, Yo said.

Once the court order is acquired, the youth must apply federally for the classification.

There's a time limit: If eligible youths do not apply before their 21st birthday, they lose the opportunity do so.

The sooner the petition is filed, the sooner the child can apply for a green card, also known as lawful permanent status. Current wait times between approval for Special Immigrant Juvenile status and green card approval are around four years. Because of that, it's important children obtain the court order by age 17, the lawsuit states.

"The consequences are they may lose the opportunity and chance to get immigration relief forever," Yo said.

The lawsuit alleges that if a child is at risk of deportation and they have a right to immigration relief, DCYF's alleged failure to address their immigration needs is in violation of the state constitution, U.S. Constitution and antidiscrimination law.

"This is not in alignment with (DCYF's) own values," Yo said. "Washington state, and DCYF in particular as a state agency, has held themselves out as wanting to protect immigrant families, and they are not doing that."

The lawsuit alleges the department is not aware of when or if children have removal orders and are facing deportation proceedings.

"When a young person who is in foster care has a juvenile court case, it is typical for social workers to know that case exists and to work with the juvenile court to understand the court hearings," Yo said. "It should not be that different for immigrant youth."

Randi Mandelbaum, founding director of Rutgers Law School's Child Advocacy Clinic, said that when an agency takes custody of a child, the state is "essentially becoming the child's parent."

Child welfare law states the agency has to provide permanency and stability for all children it its care and custody.

"I don't see how you provide stability, well-being and permanency for a noncitizen child, if you don't help them stabilize their immigration status," Mandelbaum said.

The plaintiffs hopes the lawsuit forces DCYF to implement policies for immigrant youth in its care.

Leecia Welch, lead counsel for Children's Rights, which is representing Yo's organization, said immigrant foster youths are "more vulnerable than ever."

Other states have procedures in place for immigrant youths in the child welfare system, Welch noted.

Two years ago, Children's Rights filed a similar lawsuit against Tennessee's Department of Children's Services. In a settlement agreement, Tennessee agreed to establish policies for foreign-born children to receive immigration planning and support.

"Washington doesn't have to reinvent the wheel," Welch said.

Welch said Legal Counsel for Youth and Children attempted to work with DCYF, laying out their concerns and opportunities to solve them. The organization has only learned about children eligible for Special Immigrant Juvenile status "by pure luck, or through urgent calls from outside dependency or immigration attorneys," the lawsuit states.

Yo's organization is "unfortunately, having to do the homework of DCYF to protect children from deportation," Welch said.

Children's Rights sent the department a demand letter last July about the issue. In a response, the department said it's not legally obligated to take affirmative steps to obtain protected immigration status for children in its custody. "But to be clear, DCYF does not deny foreign-born children and young adults in its care and custody the opportunity to seek legal status in the United States," the letter from Senn states.

Rights for people with Special Immigrant Juvenile status are being debated in federal courts. In 2022, former president Joe Biden enacted a policy of "deferred action, protecting youths from deportation and allowing them to apply for work authorization before they became legal permanent residents. The Trump administration eliminated deferred action. ICE officials have arrested, detained and deported young people who are approved or eligible for Special Immigrant Juvenile status under the Trump administration, Welch said. Several organizations and people sued, and the case is headed to the U.S. Court of Appeals for the Second Circuit.

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This story was originally published May 11, 2026 at 5:01 PM.