Category

Detention

In High and Low Enforcement Jurisdictions Alike, Most Latino High School Students Express Fear of Deportation, with Consequences for Mental Health

By | Child Well-Being, Deportation, Detention, Family Separation, Highlighted Resources, ICE, Immigrant Families Research, Immigration Enforcement, Research, Research Highlight, Trauma

In High and Low Enforcement Jurisdictions Alike, Most Latino High School Students Express Fear of Deportation, with Consequences for Mental Health 

Randy Capps, Jodi Berger Cardoso, Kalina Brabeck, Michael Fix, and Ariel G Ruiz Soto, Migration Policy Institute (September 2020) 

The fear surrounding immigration enforcement in American communities is far-reaching. This report demonstrates the consequences of such concerns for Latino youth’s mental health while also concentrating on support factors of spirituality and family relationships as potential sources of resilience.

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The Invisible Wall: Policies that Threaten Immigrant Families

By | Deportation, Detention, Family Separation, Federal Policy, Highlighted Resources, ICE, Immigration Enforcement, Immigration Relief, Law & Policy, Law/Policy Highlight, Legal/Law

The Invisible Wall: Policies that Threaten Immigrant Families

Protecting Immigrant Families (August 14, 2020)

This resource reviews the litany of polices Trump’s administration has executed to decrease immigration to the United States. It details if the policy has been proposed, is in litigation, and its potential finality.

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Dismantling and Reconstructing the U.S. Immigration System: A Catalog of Changes under the Trump Presidency

By | Deportation, Detention, Family Separation, ICE, Immigrant Families Research, Immigration Enforcement, Immigration Relief, Legal/Law, Public Charge, Research, Research Highlight

Dismantling and Reconstructing the U.S. Immigration System: A Catalog of Changes under the Trump Presidency

Sarah Pierce and Jessica Bolter, Migration Policy Institute (July, 2020)

Since Trump’s inauguration, over 400 policies and executive orders have been implemented targeting all levels of immigration to and within the United States. This report covers all notable changes and their long lasting effects on the immigration system.

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Guidelines for Child Welfare Agencies to Prepare for Immigration Enforcement

By | CICW Publications, CICW Toolkits, Handbooks, Guides & Books, Detention, ICE, Immigration Enforcement

Guidelines for Child Welfare Agencies to Prepare for Immigration Enforcement

Center on Immigration and Child Welfare (August 2019)

 

On August 7, 2019, U.S. Immigration and Customs Enforcement (ICE) conducted one of the largest series of worksite raids of its kind in almost a decade, resulting in the arrest of almost 700 individuals who worked at food processing plants in small towns near Jackson, Mississippi.  Hundreds of the individuals apprehended have children who were left at school or without adult care upon arriving home from school, prompting educators, child care providers, and community volunteers to find ways to care for them. Many parents have since been released from ICE custody on humanitarian grounds to continue caregiving for their children, but not before their children were left alone overnight with no plan and, in some cases, with strangers. According to ICE officials, 32 parents were released at their workplace the day of the raid in order to continue caring for children under the age of 5, and roughly 270 parents were released within one day.[1],[2] Although some parents have been released, many remain detained, robbing families of primary caregivers and breadwinners. This sudden loss of economic and familial stability and amplified stress puts these families and their children at increased risk for child welfare system involvement.[3]

Although ICE 2009 guidelines[4] stipulate that ICE should alert and coordinate with the Department of Health and Human Services (HHS) Division of Immigration Health Services (DIHS) or with State and local social service entities (if DIHS is unavailable) before raids that will result in the arrest of more than 25 individuals, this does not always occur. The fact that a parent has been detained by ICE should not be reason alone for children to enter custody of the child welfare system, absent other indications of abuse or neglect. Regardless of whether or not they are informed prior to an enforcement operation, is essential that child welfare agencies are aware of their roles in these types of situations, in order to ensure the safety of children in the affected community and prevent unnecessary entry of children of immigrants into the child welfare system.

  • Child welfare agencies should be informed about the Detained Parents Directive of 2017, previously known as the Parental Interest Directive, ICE Policy Number 11064.2 “Detention and Removal of Alien Parents and Legal Guardians,”. This policy provides a number of standards for ICE to follow in the event that a detained parent is also involved in child welfare proceedings. Specifically, the policy stipulates that:
    -ICE should allow parents and/or guardians to make alternative care arrangements for their children;
    -ICE should detain parents and guardians in close proximity to their children; and
    -ICE should facilitate regular visitation between detained parents or guardians and children.
  • Child welfare agencies should establish relationships with a point of contact at their respective ICE Field Office in order to be prepared for immigration enforcement operations and facilitate appropriate and timely communication with detained parents and relatives e.g., about alternative care arrangements, visitation, etc. Child welfare agencies should ensure that their ICE point of contact complies with the Detained Parents Directive, specifically with procedures on when to involve child welfare agencies in alternative care arrangements for minor children encountered during enforcement actions, as detailed in Section 5.1 of the Directive.
  • If children in immigrant families come into contact with the child welfare system due to parental detention, or if parents or family members are detained during the course of a child welfare case, child welfare agencies can use the ICE Online Detainee Locator to locate parents or family members in ICE detention in order to connect them with their children and enable them to participate in the case. Individuals may search via the detainee’s A# (9-digit ‘alien number’ assigned by immigration authorities) and country of birth, or by their first and last name and country of birth.
  • Child welfare agencies can assist immigrant parents involved in the child welfare system in knowing their rights, and they can help families locate legal resources and navigate the immigration system if involved in a raid and apprehended by ICE.
    ACLU: Know Your Rightsprovides an overview of immigrants’ rights and how to reduce risk in different scenarios, including traffic stops, home raids, and arrests near the border.
    American Immigration Lawyers Association (AILA): Resources on Raids includes resources related to Know Your Rights, local rapid response hotlines, detention center information, etc.
  • Child welfare agencies, as well as other human services agencies, can assist by connecting child-welfare involved parents and relatives to legal providers to help prepare family safety/contingency plans and powers of attorney to establish who will care for children in the event of detention and/or deportation.
    Women’s Refugee Commission (WRC):Resources for Families Facing Deportation and Separation a compilation of guides and resources to protect parental rights; includes information about family separation due to detention and deportation, safety planning, and child welfare for families facing deportation.
    Appleseed Network: Protecting Assets and Child Custody in the Face of Deportation comprehensive emergency preparedness plan for immigrant families.
  • Child welfare agencies can partner with local community organizations to establish triage and rapid response teams to respond to crisis situations resulting from ICE raids. In such situations, they can assist in locating relatives and kin to act as caregivers for children whose parents have been detained in order to prevent the children from coming into child welfare custody.

Additional guidance and best practices for working with detained parents can be found in the August 2019 Immigrant Legal Resource Center Toolkit on Strengthening Child Welfare Practice for Immigrant Children and Families.

Acknowledgments to our partners from the American Bar Association Center on Children and the Law, Center on Law and Social Policy, Child Welfare League of America, and Migration Policy Institute for their valuable feedback on this document.

Last updated August 2019

[1] Ainsley, J. & Martinez, D. (2019). What ICE did and did not do for kids left behind by Mississippi raids. NBCNews. Retrieved from https://www.nbcnews.com/politics/immigration/what-ice-did-did-not-do-kids-left-behind-mississippi-n1040776

[2] Zhu, A. (2019). Some children still not reunited with parents after Mississippi raids, agency says. Mississippi Clarion Ledger. Retrieved from https://www.usatoday.com/story/news/nation/2019/08/13/mississippi-ice-raids-children-without-parents/1995728001/.

[3] Greenberg, M., Capps, R., Kalweit, A., Grishkin, J. & Flagg, A. (2019). Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies. Migration Policy Institute. Retrieved from https://cimmcw.org/resources/research/child-welfare-system/

[4] U.S. Immigration & Customs Enforcement. (2009). Worksite Enforcement Strategy. U.S. Department of Homeland Security. Retrieved from https://www.ice.gov/doclib/foia/dro_policy_memos/worksite_enforcement_strategy4_30_2009.pdf

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The Effects of Forced Family Separation in the Rio Grande Valley: A Family Unity, Family Health Research Update

By | Child Well-Being, Deportation, Detention, Family Separation, Highlighted Resources, Immigrant Families Research, Research, Research Highlight, Resources, Topics

The Effects of Forced Family Separation in the Rio Grande Valley: A Family Unity, Family Health Research Update

Martha Ockenfels-Martinez, Sara Satinsky, and Jonathan Heller, Human Impact Partners & La Union del Pueblo Entero (October 2018)

This report lifts up how everyday activities, like driving, can result in severe consequences for children and families in the Valley. A minor traffic stop can snowball into the detention or deportation of a Rio Grande Valley community member. We chronicle how current practices around traffic stops, identification (ID) cards, and immigration enforcement are affecting the health and safety of the entire Rio Grande Valley.

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State Immigration Enforcement Policies

By | Deportation, Detention, Highlighted Resources, Immigrant Families Research, Immigration Enforcement, Research, Research Highlight, Resources, Topics

State Immigration Enforcement Policies

Julia Gelatt, Heather Koball, Hamutal Bernstein, Carmaine Runes, Eleanor Pratt, Urban Institute & National Center for Children in Poverty (May 2017)

This report from Urban Institute and the National Center for Children in Poverty found that expanding state immigration enforcement policies increased material hardship (such as eviction or difficulty paying for basic household expenses) in immigrant households with children. Although the policies target unauthorized immigrant populations, lawful immigrant households also experienced more material hardship in states with expanded enforcement, suggesting a broader climate of fear created by such policies.

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Love Without Borders: Grandfamilies and Immigration

By | Child Well-Being, Deportation, Detention, Family Separation, Highlighted Resources, Immigrant Youth, Kinship Care, Legal Professionals, Practice, Practice Highlight, Social Workers, Topics, Youth & Families

Love Without Borders: Grandfamilies and Immigration

Generations United (2018)

This report highlights the additional hurdles faced by grandfamilies who come together as a result of a parent’s detention or deportation. Those hurdles include restricted access to support and services to help meet the children’s needs, language barriers, and fear of government agencies.

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