Whether federal law requires state courts of competent jurisdiction to make predicate findings for special-immigrant-juvenile-status determinations upon request

QUESTION PRESENTED Federal immigration law recognizes “special immigrant juvenile” or “SIJ” status, the holders of which are eligible for an immigrant visa and permanent residency in the United States. The status was created to protect abused, neglected, and abandoned children by allowing them to stay in care arrangements in the United States that serve their best interests, instead of facing deportation back to their previous circumstances. To be eligible for SIJ status, a juvenile must obtain certain findings: that she is dependent on a state juvenile court or on a care arrangement created by such a court; that reunification with her parents is not viable due to abuse, neglect, abandonment, or a similar basis; and that it would not be in her best interest to be returned to her previous country of nationality or of last habitual residence. See 8 U.S.C. § 1101(a)(27)(J). SIJ status is unusual in that these findings are only made by state courts—not federal ones. Only once a juvenile obtains the predicate findings from a state court can she submit a petition to the Secretary of Homeland Security for SIJ status. The question presented, which has divided state courts, is: Whether federal law requires state courts of competent jurisdiction to make predicate findings for special immigrant juvenile status determinations upon request.