May 4, 2026
SEATTLE, WA – Washington is failing to meet the needs of immigrant youth in its foster system, according to a lawsuit filed today. The case was brought against the Washington State Department of Children, Youth & Families (DCYF) by Children’s Rights, McDermott Will & Schulte, and Pfau Cochran Vertetis Amala on behalf of immigrant youth in DCYF custody, and Legal Counsel for Youth and Children, a nonprofit that provides legal services and advocacy for youth and young adults.
DCYF states on its website that its mission, enshrined in statute, is that “Washington’s children and youth grow up safe and healthy—thriving physically, emotionally, and academically, nurtured by family and community.” The lawsuit asserts that immigrant children and youth in DCYF care face a very different reality.
According to the complaint, DCYF is putting the safety and well-being of immigrant youth at risk by failing to inform them or their guardians of their eligibility for immigration status relief, failing to provide necessary services to those who are eligible, and failing to monitor their ongoing immigration proceedings. The results can be catastrophic.
Many immigrant youth in DCYF custody arrived in the U.S. after fleeing abuse, abandonment, and neglect in their home countries and often went on to endure additional trauma while in federal immigration detention. Others came so young to this country that they have no memory of living anywhere else. Some had no idea they were undocumented until they were separated from their families and placed in the foster system.
The youth represented in the class are legally entitled to various forms of immigration relief. One of these, Special Immigrant Juvenile (“SIJ”) classification, confers critical benefits for young people and puts them on a path to U.S. citizenship. Nearly all youth without legal status in DCYF’s custody are eligible for SIJ. But because the eligibility window in Washington closes at age 21, without the agency’s support, they stand to lose their chance at permanency and legal status forever.
DCYF’s failure to provide necessary and timely immigration-related services to immigrant youth has had a profound and negative impact on the organizational plaintiff in the case, Legal Counsel for Youth and Children (LCYC), severely constraining its resources and capacity. LCYC has had to devote hundreds of hours and substantial funding to address this deficit, diverting staff and services needed in other program areas and hampering its ability to carry out its mission to protect the interests and safety of youth in Washington.
“Washington state has held itself out to be pro-immigrant, but every day immigrant youth in DCYF care face constant risk of deportation and losing their chance to apply for legal status due to DCYF’s inaction,” said Rhea Yo, Executive Director of Legal Counsel for Youth and Children. “It’s only by luck and chance that a small number of these young people get connected to organizations like LCYC who can help them access immigration relief and prevent their deportation. Immigrant youth deserve better from the state and the systems that are supposed to protect them.”
18-year-old S.O.L., a named plaintiff in the lawsuit, is facing the dire consequences of DCYF’s failure to meet the safety, well-being, and permanency needs of immigrant youth. She came to the U.S. at 16, fleeing significant trauma in her home country of Guatemala and was placed in DCYF custody in 2025. Her most important goal is to bring her three-year-old son to the United States to live safely with her. Yet, despite the repeated requests by her foster parents and the intervention of her LCYC attorney, DCYF has – for almost a full year – failed to help her address her immigration needs. Without a pathway to lawful status, S.O.L. is ineligible for student financial aid and other supports and remains at risk of being detained or deported to a country where she would be in danger.
“Immigrant youth like S.O.L. are facing unprecedented threats to their safety and well-being—and DCYF is compounding the harm. These young people live under constant stress and fear of deportation, and without meaningful support from DCYF, their chances of a safe and stable transition to adulthood are severely diminished,” said Leecia Welch, Chief Legal Counsel at Children’s Rights. “Instead of protecting children, DCYF is denying them their rights and undermining their path to stability and security.”
For more information about the case, click here.
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Pfau Cochran Vertetis Amala is a plaintiff’s law firm dedicated to high-impact litigation in Washington state and across the country on behalf of individuals who have been seriously harmed by powerful institutions. Known for a client-focused approach, PCVA attorneys work both in and outside of the courtroom to ensure the powerful are held responsible for misconduct and to support systemic changes to institutions that make our clients and our communities safer. pcva.law.com
Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.
Media Contacts
Lindsey Bornstein, McDermott Will & Schulte, lbornstein@mcdermottlaw.com
Alexander G. Dietz, Pfau Cochran Vertetis Amala, Adietz@pcvalaw.com
Camilla Jenkins, Children’s Rights, cjenkins@childrensrights.org
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Children’s Rights, McDermott Will & Emery LLP, and Pfau Cochran Vertetis Amala filed a lawsuit against the Washington State Department of Children, Youth & Families (DCYF) on behalf of immigrant children placed in Washington’s foster system and Legal Counsel for Youth and Children, a nonprofit that provides direct legal services and advocacy for youth and young adults.
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The complaint asserts that Tennessee—which has one of the fastest-growing immigrant populations in the US—is failing in its legal responsibility to ensure that immigrant youth are able to apply for Special Immigrant Juvenile Status (SIJS), a type of immigration relief that confers critical benefits to young people.
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