shattered families-immigration and child welfare

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Shattered FamiliesThe Perilous Intersection of ImmigrationEnforcement and the Child Welfare System

ARC INFORMATIONAL WEBINAR:NOVEMBER 10, 2011

arc.org/shatteredfamilies



Goals of Webinar! To inform advocates from the child welfare,

immigration and racial justice fields about theintersections of immigration enforcement and the

child welfare system.! To initiate dialogue among practitioners and

researchers in the child welfare field and immigrantrights advocates.



“Shattered Families”

Webinar Agenda! Introduction

! Key Findings

! Barriers to Family Unity

! Policy Recommendations

! Practitioner Perspectives

! Q & A

! Conclusion



Rinku SenPresident, Applied Research CenterPublisher, Colorlines.com

Esther Portillo-GonzalesResearch Fellow,“Shattered Families,” Applied Research Center

Kara FinckAttorney, Bronx Defenders

Loreta RuizVice Consul for Protection,Consulate of Mexico – Santa Ana, CA

“Shattered Families”

Webinar Presenters

Seth Freed WesslerAuthor and Principal Investigator,

“Shattered Families,” Applied Research Center



Origins of Research



KEY FINDINGSThere are at least 5,100 children languishing infoster care who face formidable barriers to bereunified with their detained or deported parents.

! If nothing changes, 15,000 more children may face

a similar fate in the next 5 years.



MethodologyTo arrive at national estimates, ARC gathered county-level survey data from child welfare caseworkers,attorneys and judges in key states with large child

welfare populations and large immigrant populations.These states account for more than half of thenoncitizen population in the U.S. and more than 1/3of children in foster care. ARC then projected findingsfrom these states onto similar states and built a

conservative estimate of the total number ofdetained/deported parent foster care cases.



KEY FINDINGS

! In the first six months of 2011, the federalgovernment removed more than 46,000 parents ofU.S.-citizen children. (Based on data from a FOIA

request.) This is almost1 in 4 people deported.



KEY FINDINGS

! This is a growing national problem, not oneconfined to border jurisdictions or states. ARCidentified at least 22 states where these cases have

emerged.



States Where ARC Identified Detained/

Deported Parent Foster Care Cases



KEY FINDINGS

! Families are more likely to be separated where localpolice aggressively participate in immigrationenforcement. Programs like 287g and Secure

Communities put families at risk.



KEY FINDINGS

! Immigrant victims of domestic violence are atparticular risk of losing their children.



BARRIERS TO FAMILY UNITY! ICE does not protect families at the time of

apprehension. ICE and arresting police officers toooften refuse to allow parents to make arrangements

for their children.! ICE detention obstructs participation in Child

Protective Services' plans for family unity.

! Most child welfare departments lack systemic

policies to keep families united when parents aredetained or deported.



BARRIERS TO FAMILY UNITY! There is a systemic bias in child welfare practice

against reunifying children with parents in othercountries. Case plan requirements for deported

parents are often unrealistic to meet.! Structural barriers and systemic bias against

undocumented parents and relatives in the U.S.results in children more likely to live with strangersthan their own family.



POLICY RECOMMENDATIONSDepartment of HomelandSecurity/ICE

! Release parents on their own recognizance and expand the

use of community-based supervisory programs. ! Suspend the Secure Communities program and other

programs including 287(g) and the Criminal Alien Programthat use local criminal justice systems as arms of theimmigration enforcement apparatus.

! The DHS Office of Inspector General should initiate a study onthe prevalence of practices that result in children entering orremaining in foster care as a result of detention anddeportation.



POLICY RECOMMENDATIONSState Child Welfare Policy! All caseworkers, supervisors, attorneys & judges who practice in

dependency court should be mandated to participate in trainings onimmigration law & enforcement policies.

! State and/or county child welfare departments should signagreements with foreign consulates to ensure consular involvementcommences as soon as noncitizen parents are detained.

! Adopt clear policies ensuring equal treatment of undocumentedparents & families in the child welfare system, including clearguidelines on the rights of undocumented parents & extended familiesto be treated equitably.

! Create state- or county-level staff positions dedicated to facilitatingreunification for families impacted by immigration enforcement.

! Initiate research to explore the extent of the problem.



POLICY RECOMMENDATIONSCongress

Institute protections for detained parents including:

! Expand the use of community-based supervisory programs

! Provisions to enable detained parents to comply with childwelfare case plans and participate meaningfully in dependencyproceedings

! Policies to facilitate family unity at the time of deportation if aparent wishes to leave the country with their child. (i.e., theHumane Enforcement and Legal Protections for SeparatedChildren Act).

! Reinstate judicial discretion to consider the best interests ofchildren and families in decisions about deportation (i.e., theChild Citizen Protection Act).



Best Practices fromPractitioner Perspectives



Child Welfare and Juvenile

Dependency Practice

Kara FinckAttorney, Bronx Defenders



Foreign Consulate

Involvement

Loreta RuizVice Consul for Protection,Consulate of Mexico – Santa Ana, CA



Shattered FamiliesThe Perilous Intersection of ImmigrationEnforcement and the Child Welfare System

FOR MORE INFORMATION, PLEASE VISIT:

arc.org/shatteredfamilies

shattered families-immigration and child welfare

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