The Department of Homeland Security is accusing some state court judges of enabling fraud in a federal immigration program that can provide a path to permanent legal status for juvenile applicants.
In a statement released Wednesday, DHS said weaknesses in the Special Immigrant Juvenile process have allowed individuals with serious criminal histories to obtain immigration benefits.
The department said some judges make required court findings with little scrutiny, sometimes in nonadversarial proceedings or without holding hearings.
The Special Immigrant Juvenile program provides a pathway to lawful permanent resident status for illegal alien minors under age 21 who have been abused, neglected, or abandoned by one or both parents.
According to a review by U.S. Citizenship and Immigration Services' Fraud Detection and National Security Directorate, nearly 19,000 program petitioners had criminal arrest records between fiscal years 2013 and 2025.
DHS said the records included 120 people arrested for murder, more than 200 approved petitioners convicted of sex offenses, more than 500 known or suspected MS-13 members, and more than 100 known or suspected 18th Street gang members.
DHS general counsel James Percival said the program remains vulnerable to abuse when judges fail to closely examine claims used to support juvenile status petitions.
"While the SIJ program advances important congressional objectives, it is at significant risk of fraud," Percival said in a statement.
According to DHS, state court judges play a critical role because applicants rely on their findings to seek special immigration status from federal authorities.
"The failure of state court judges to police the requirements of the SIJ process leads to tangible harm," Percival said. "It allows criminals, gang members, and even suspected terrorists to obtain lawful status while eroding trust and diverting resources away from genuinely vulnerable children."
DHS cited multiple examples involving alleged gang members and individuals later charged in homicide cases whose petitions were approved or who obtained immigration status through the process.
The department said stronger judicial review could help ensure the program serves children with legitimate claims of abuse, neglect, or abandonment while reducing opportunities for fraud.
The Trump administration is also developing a policy that would let U.S. immigration administrators deny asylum claims without conducting interviews with applicants.
Under terms of one rule being proposed, program administrators could reject asylum claims filed more than a year after an applicant's arrival in the U.S.