we are so screwed, wake up and call your damn congresscritters to do something to put a stop to this INVASION...
A lot of links IN THE ARTICLE at the site
SNIP;
Surprise: Unaccompanied children crossing border may have right to stay

Posted by RedDawn Tuesday, July 1, 2014 at 6:47pm
Little known law could allow many of the unaccompanied children to remain in the U.S. legally if they are “abandoned”
childhood immigration flood
Special Immigrant Juvenile Status.
If you haven’t heard of it before now, you probably will as tens of thousands of unaccompanied minors flood across the border, having been “abandoned” by their parents in Central America.
A Legal Insurrection reader tipped us off to what could be a coming legal onslaught to give these children a right to stay in the U.S. permanently:
“Special Immigrant Juvenile Status is something that we attorneys on the border have been getting CLE training in for a while, but largely it has not been well known outside of CPS attorney work.
With the invasion now taking place, it is going to explode. No parents means that any immigrant child under 18 can apply for a Green Card as soon as they are deemed “abandoned” by their parents for 6 months by the court system. There are some other minor rules, but that is the big one….
The bill renewal was the Trafficking Victims Protection Reauthorization Act of 2008. It modified and exempted application of certain rules which would normally result in inadmissibility…. Also, it set up an “expedited” review schedule that USCIS is REQUIRED to adjudicate SIJ petitions within 180 days of filing, and that interviews may be WAIVED for SIJ petitioners under 14 years of age or when it is determined that an interview is unnecessary.
Further, per the Violence Against Women Act of 2005, a SIJ petitioner may not be required to contact an individual who allegedly abused, abandoned or neglected the Juvenile.
What nobody is talking about (or maybe nobody has realized yet) is that this is going to flood the child welfare courts FIRST, before they get to the USCIS (certain findings of fact which can only be made by the state are prerequisites to SIJS applications) with a sudden influx of “abandoned” children, and put a strain on the CPS system like nothing that has ever been seen.”
SIJS regulations are part of 8 CFR 204.11
Special Immigrant Juvenile Status (SIJS) allows for children to obtain federal legal status in the U.S. if a state court deems they cannot be reunited with the parents and have suffered either abuse, abandonment, neglect or other similar offenses under state law. Children must also be unmarried, and it must be determined that it’s not in the child’s best interest to return to their country. SIJS is not the same as refugee or asylum status, which both bear very different legal tests.
CNN reports, Little-known law allows abused immigrant children to stay in the U.S.:
Rebeca Salmon is an immigration attorney and the executive director of Access to Law, an organization that provides low-cost legal services. Salmon says that applying for this immigration benefit is difficult because you have to prove your case at the state and federal level.
“Not every kid that applies gets to stay. Not every kid who enters can even apply. You have to be abandoned, abused and neglected. You have to be without your parents. There are minimum requirements, but then there’s also the rigorous process of immigration, so not every kid gets to stay,” Salmon said.
Tens of thousands of unaccompanied minors have arrived to the United States this year, mainly from Central America. But Salmon says very few can actually qualify for this immigration benefit.
“If that’s the only message you get out through this, please make sure that’s clear. If you send your kids here or kids come on their own, you’re fleeing something in your country, every case is different and every case is difficult,” Salmon said.
It’s worth reiterating that SIJS must first be granted through a state court before the federal government can provide any immigration benefit as a result. State courts cannot grant immigration status. Obtaining SIJS through a state court does not guarantee any immigration benefit will follow, only that a child is able to petition United States Citizenship and Immigration Services for legal permanent residency status.
Here’s how Vox.com explains the problem of why these kids may not be sent back to their countries of origin:
The problem: Asylum isn’t the only kind of legal status that child migrants are currently eligible for. Many of them would be eligible for Special Immigrant Juvenile Status — a special status, which allows a very rapid path to a green card, for children who can’t be returned to their families because of “abuse, abandonment, or neglect.”
So if the government wanted to block every option for legal status child migrants have, they’d have to change the way Special Immigrant Juvenile Status is given out.
The problem: Setting federal standards for “abuse, abandonment or neglect” is difficult, because that ruling is made by a judge in family court — which is operated by state governments.
Short of pressuring border states to influence judges’ rulings,
the only thing the federal government could do would be for Congress to repeal the law it passed in 2008, which expanded Special Immigrant Juvenile Status to anyone who can’t be reunited with parents, and go back to the old standard of qualifying for “long-term foster care.”
ALL of it here
Immigration Reform|Special Immigrant Juvenile Status