| Immigration Enforcement:
Considerations for Child Welfare Systems
Alan Dettlaff, PhD, MSW, Assistant Professor, Jane Addams
College of Social Work
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Article After the US Immigration
and Customs Enforcement (ICE) was criticized in 2005 for not
doing enough to end the unlawful employment of undocumented
immigrants, the agency increased its efforts to reduce the
number of people entering the US illegally, deport undocumented
individuals who were already in the US and identify employers
who hire undocumented immigrants. ICE operations (or raids as
they are commonly called) are on the rise, increasing from
approximately 500 in 2005 to more than 1,000 in 2006. Although
the intent of worksite operations is to bring criminal charges
against employers, undocumented workers are typically
apprehended and detained for immigration violations during these
raids. In 2006, more than 3,600 immigrants were apprehended as a
result of these efforts.
What happens to children following the apprehension of an
undocumented parent can vary greatly depending on the nature and
location of the operation. Some children may be placed with kin
if they are immediately available; others may be held in federal
family detention centers with their parents. On other occasions,
the child welfare system may be asked to intervene. In other
cases, however, the children may be called upon after raids have
been conducted and the community becomes aware that children
have been separated from their parents.
Because of increased enforcement efforts and the potential for
children to be separated from their parents, it is important
that child welfare agencies equip themselves to respond to this
population. While culturally competent practice requires child
welfare staff to be knowledgeable of the impact that immigration
may have on families, this knowledge alone is not enough to
adequately respond to children who become separated from their
parents as a result of immigration enforcement. To effectively
work with these families, child welfare staff must be
knowledgeable about the multiple state and federal policies that
affect permanency planning. They also must be able to navigate
systems with which child welfare has not typically interacted in
order to facilitate parent-child reunification or identify
alternate permanency arrangements that are in the best interests
of children.
Permanency Decision-Making
Many factors must be considered when determining the best
permanency option for separated children. Primary among these is
the children’s immigration status, as this can significantly
affect most other considerations. While some children of
undocumented parents are themselves undocumented, nearly
two-thirds of all children living with undocumented parents are
US citizens. As this can significantly affect permanency options
as well as the steps necessary to achieve permanency, the
children’s immigration status should be determined as soon as
possible from birth records or collateral information.
Children’s parents and other family members should be actively
involved in all aspects of decision-making. Whenever possible,
reunification with parents should always be considered. However,
for children who are US citizens, reunification may not be
possible, or parents may prefer that their children remain in
the US. In these cases, permanency arrangements should be
actively sought with relatives or kin. For undocumented
children, reunification with parents or other relatives in the
child’s country of origin may be possible. However,
reunification may require considerable transnational cooperation
for which child welfare agencies may not be prepared. Similarly,
child welfare agencies often do not have the means of looking
for relatives in other countries or the collaborative
relationships necessary to obtain international home studies.
Child welfare staff should be familiar with the services
provided by agencies such as International Social Service in
order to facilitate these processes. Cooperative relationships
with foreign consulates should also be explored as a means of
initiating transnational collaboration.
For undocumented children, it is important to obtain legal
representation as quickly as possible. Immigration attorneys
with expertise in immigration law can assist child welfare staff
in navigating complex immigration procedures and in providing
the information necessary to make informed decisions. Staff
should also be familiar with the various forms of immigration
relief that may be available for undocumented children. As
applications for relief may be time-sensitive to the age of the
child and often require considerable transnational
collaboration, staff should be familiar with the application and
eligibility criteria for each. When options for immigration
relief are available, caseworkers should carefully balance these
options with the best interests of children, as certain forms of
immigration relief may preclude future reunification options.
Conclusion
Child welfare agencies must work proactively to ensure an
effective response to children whose parents are targets of
immigration enforcement efforts. Staff must be knowledgeable
about state and federal policies that affect immigrant children
and families and how these policies may affect permanency
options. Child welfare agencies must also work collaboratively
with other agencies, systems and countries to ensure that the
best interests of children remain at the forefront of
decision-making.
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