The lawsuit says immigrant foster youth risk losing a legal pathway to stay in the U.S. if DCYF does not act before age 21.
SEATTLE — A proposed class-action lawsuit filed in King County Superior Court alleges Washington’s child welfare agency failed to protect immigrant foster youth by not helping them address immigration needs that could affect their ability to stay in the United States.
The complaint was filed by two young people along with Legal Counsel for Youth and Children, a Seattle-based nonprofit that provides legal services and advocacy for youth in Washington.
The lawsuit names the Washington State Department of Children, Youth and Families, DCYF Secretary Tana Senn and the state of Washington as defendants.
A spokesperson for DCYF told KING 5 News the agency cannot comment on active litigation.
According to the complaint, DCYF failed to timely identify the immigration status of youth in its care, tell them or their guardians about possible immigration relief, provide immigration-related services or track immigration court proceedings that could put them at risk of removal from the country.
The lawsuit focuses in part on Special Immigrant Juvenile classification, a form of immigration relief for children who have been abused, neglected or abandoned.
The complaint says the classification can provide a path to lawful permanent residency and citizenship, but youth in Washington must obtain a required juvenile court order before turning 21.
The complaint alleges nearly all immigrant youth without legal status in DCYF custody are eligible for that classification.
Without DCYF’s help, the lawsuit says, some youth could lose their chance to apply.
The first plaintiff is 18 years old from Guatemala who is in DCYF custody and lives in King County, according to the complaint.
The lawsuit says she entered the United States as an unaccompanied minor in 2023, was placed into protective custody by DCYF in May 2025 and was later found dependent by King County Superior Court.
The complaint says she wants to remain in the United States, reunite with her 3-year-old son, finish high school and study engineering.
The lawsuit alleges DCYF has not informed her about her immigration-related needs or filed a motion for a required court order needed to begin the Special Immigrant Juvenile process.
The second plaintiff is 17 years old and also from Guatemala, according to the complaint.
The lawsuit says she entered the United States around 2016 as an unaccompanied minor and is now in DCYF custody while working and caring for her 1-year-old daughter, who is a U.S. citizen.
The complaint alleges DCYF has not informed her or her aunt about her possible eligibility for Special Immigrant Juvenile classification, has not filed the required motion in her dependency case and has not referred her to immigration counsel.
Legal Counsel for Youth and Children says in the complaint that DCYF’s alleged failures have shifted work to outside groups with limited resources.
The nonprofit says it represented more than 300 youth in DCYF care in 2025, including youth who may be eligible for Special Immigrant Juvenile classification.
The lawsuit also alleges DCYF removed language from a foster care rights form in May 2025 that said youth had the right to be referred for legal services to determine whether a Special Immigrant Juvenile Status application should be submitted on their behalf.
The complaint claims DCYF’s actions violate the due process clauses of the Washington and U.S. constitutions, as well as the Washington Law Against Discrimination.
The lawsuit asks the court to require DCYF to create and follow policies for identifying a youth’s immigration status, including immigration-related needs in case planning, helping eligible youth seek immigration relief, supporting youth facing potential removal and training caseworkers on immigration issues affecting youth in state care.
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