[Congressional Record Volume 157, Number 167 (Thursday, November 3, 2011)]
[Extensions of Remarks]
[Page E1993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            INTRODUCING THE FOSTER CHILDREN OPPORTUNITY ACT

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                       Thursday, November 3, 2011

  Mr. STARK. Mr. Speaker, I rise today to introduce legislation to 
ensure that thousands of abused and neglected immigrant children in our 
foster care system have the opportunity to overcome their abuse and 
become successful adults.
  Every year, hundreds and perhaps thousands of abused and neglected 
children leave the child welfare system and become illegal immigrants 
through no fault of their own. Under a law passed by Congress in 1990 
immigrant foster youth are able to gain legal status. This status, 
known as Special Immigrant Juvenile Status (SIJS), is available if a 
child is in the foster care system, under 21, and cannot be safely 
reunified with their family or returned to their country of origin.
  SIJS ensures that the child has a recognized legal status and a 
pathway to becoming a citizen. After a young person leaves foster care, 
they are not eligible for SIJS. Unfortunately, many youth and many 
caseworkers are unaware of SIJS or how to apply. As a consequence, 
potentially eligible youth ``age out'' of the foster care system every 
year without a legal status. After being cared for by our child welfare 
system because they were victims of abuse and neglect, these young 
people then leave the system and face the threat of deportation and 
lack access to the supports other transitioning foster youth rely upon. 
My office has heard from young people who aged out of the system and 
others who were adopted who never heard of SIJS. These youth were 
forced into the underground economy, face exploitation, and live in 
constant fear of being deported to a country they don't know.
  To fix this problem, the Foster Children Opportunity Act will require 
that all children in the foster care system be screened for SIJS 
eligibility and other forms of immigration relief. It also requires 
that they be assisted in applying for the status. Child welfare 
agencies and juvenile courts will be provided with technical assistance 
and additional resources to make this happen. In addition, my 
legislation will guarantee that youth who obtain SIJS have access to 
the same benefits, such as student loans, Medicaid, and food stamps 
that support other former foster youth as they make the transition to 
adulthood.
  My bill will not change current immigration law. Nor will it result 
in any adults who have engaged in illegal behavior from gaining legal 
status because a person with SIJS cannot act as a sponsor for any 
family members. The Foster Children Opportunity Act has nothing to do 
with the fight over immigration reform. It is simply about fulfilling 
our responsibility to all abused and neglected children and providing 
these youth with a fighting chance to succeed. I encourage all my 
colleagues to join me in supporting this simple legislation that will 
improve the lives of thousands of vulnerable children.

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