- Illinois passed Ashley’s Law so detained immigrant children can seek court findings before release.
- At least six children applied for protection after the law took effect in June.
- The new route helps support Special Immigrant Juvenile Status, but it does not grant status itself.
Illinois lawmakers have opened a state-court route for immigrant children held in federal custody who need abuse, neglect, abandonment or dependency findings before seeking immigration protection. Ashley’s Law, signed June 2, 2026, allows eligible children to begin that process before release to a family member or sponsor.
The measure took effect in June. Previously, children held in federal shelters generally had to leave custody before seeking the Illinois court findings required for the next stage of their cases.
At least six children had already applied for protection since the law passed, Illinois lawyers said. Attorneys also reported at least three Chicago-area children with removal orders, although those orders were under appeal.
The new procedure does not grant status by itself. Children still must meet federal requirements, and removal proceedings may continue while their applications are pending.
Illinois courts can now hear cases before children leave custody
The law, identified as HB 4890, addresses a procedural barrier faced by unaccompanied minors in Office of Refugee Resettlement shelters. A child may petition an Illinois court for findings involving abuse, neglect, abandonment or dependency while remaining in detention.
Those findings can then support a federal application for Special Immigrant Juvenile Status. The change may allow a child to move toward that federal process sooner, rather than waiting for release to a guardian or another sponsor.
The timing can be decisive. National Immigrant Justice Center attorneys said immigration proceedings may advance quickly even as the federal application process takes longer.
Gov. J.B. Pritzker described the measure as a response to the treatment of vulnerable minors during the current enforcement push.
“Every child deserves protection, regardless of their birthplace or status. While the federal government speeds up deportations and erodes due process, Illinois will remain a sanctuary for the most vulnerable among us. We are providing a clear, legal path to residency for children who have already endured unimaginable trauma.”
Pritzker made the statement at the signing. The law creates access to a legal process, while the federal requirements still control whether a child ultimately qualifies.
Deportation timelines are putting pressure on children’s cases
Immigration attorneys have connected the law to faster deportation processing under the Trump administration. Since January 2025, the federal government has deported approximately 948,000 individuals, while ICE averaged more than 1,400 arrests per day in July 2026.
The federal government was detaining more than 60,000 people simultaneously as of early 2026. Roughly 74% of those detained had no criminal convictions.
Children have faced longer stays in federal shelters. The average stay for minors more than tripled between 2015 and 2025, increasing the risk that a child could face removal before reaching a sponsor and starting the state-court process.
DHS Secretary Markwayne Mullin defended the administration’s border policy in a July 16 statement.
“Our border is CLOSED to lawbreakers. Another month of historically low illegal border crossings demonstrates the success of President Trump’s border security policies. Leadership and policy matter.”
The enforcement approach has created a short window for attorneys trying to pursue protection claims for children with pending removal cases.
SIJS remains a two-stage process
The Illinois court proceeding is only one part of the process. A child typically must first obtain a state-court finding that addresses abuse, neglect, abandonment or dependency and confirms that reunification with one or both parents is not possible.
The child then must satisfy federal immigration requirements. Age, custody, the state-court order and the federal petition all affect eligibility.
If approved, SIJS may allow the child to seek lawful permanent residency later. The new Illinois route does not guarantee approval, lawful permanent residence or protection from removal.
Children may also encounter different procedural conditions depending on their cases and the court handling them. Families and guardians should consult a qualified immigration attorney before relying on a state-court filing or assuming that a pending petition will pause a removal case.
State Sen. Cristina Castro, D-Elgin, the lead sponsor, said the law was intended to remove custody as a barrier to seeking protection.
“We have a moral obligation to uplift those in need, especially children. Ashley’s Law ensures that being in federal detention no longer blocks a child from their right to seek safety in our state court system.”
The legislation changes when a child may seek the required findings. It does not replace the federal adjudication that follows.
The law carries the name of a child who fled violence
The measure is named for Ashley, a child who came to the United States after her father was murdered and her mother abandoned her. Under the new procedure, children in similar circumstances may seek a dependency finding while still in shelter care.
A dependency case can also provide access to state-ordered medical, psychological and educational services. Those services are separate from the federal immigration decision.
Keren Zwick, executive director of the National Immigrant Justice Center, said the law addresses a legal “Catch-22.” Children could meet the basic facts for federal protection but remain unable to obtain the state findings needed to begin the process because they were still in custody.
Illinois lawyers said the first applications filed after the law took effect show how quickly the new route can be used. The cases involving Chicago-area removal orders also illustrate the stakes when state-court and immigration proceedings move on different schedules.
Illinois pairs the court pathway with limits on state cooperation
The state also enacted the 2026 Immigrant Safety Act in June. That law bars Illinois law enforcement from using state or local resources to assist federal civil immigration sweeps or detentions.
The measure further protects families using Illinois schools and public health networks from data sharing with federal agents, creating what advocates describe as “data firewalls” between state agencies and ICE.
Those protections operate alongside the new court pathway, but they address different parts of the immigration system. The safety law governs state and local cooperation, while the court pathway gives eligible children a way to seek findings needed for a federal immigration petition.
The federal government has continued to promote its own enforcement strategy. Mullin’s July statement said the administration’s policies had produced historically low illegal border crossings, while Illinois officials have focused on preserving access to state courts for children already inside the country.
Children who obtain a state-court order must still pursue the federal filing and satisfy the applicable requirements. A pending case may not prevent removal, making legal representation particularly important when an order of removal already exists.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
