Current Efforts

 

Immigration in the United States have become a highlight social problem in recent years. New public policies and laws which target immigrants, specially undocumented immigrants have been at the forefront of this debate. It is difficult for a parent in immigration detention to reunify with their child, especially when their child is in CPS custody. Local ICE and child welfare agencies rarely collaborate, and both systems lack effective and consistent policies to promote family reunification (Immigrant Policy Center, 2012). Lawmakers and social workers have been working together to address this issue.

 

When a parent is transferred without notice to an out of state detention center it is difficult for child welfare workers, lawyers, judges, and family members to locate the parents (Rabin, 2011). In 2010, ICE launched an Online Detainee Locator System to help establish whether an individual is in detention and where. However, few child welfare personnel are familiar with this new tool (Immigrant Policy Center, 2010).

 

In many of these cases, parent-child reunification is never an option. Detained parents are also unlikely to be able to participate meaningfully in family court proceedings since ICE does not have an effective policy in place to ensure a parent’s ability to attend these hearings, either via teleconference or in person (Immigrant Policy Center, 2010). If a parent is not present at these important hearings, the court may make the determination that a parent is unwilling or unable to reunify with their children, often resulting in the decision to move towards the termination of parental rights (Wessler, 2011). According to a report by the Women’s Refugee Commission, currently no ICE detention facility provides the type of programming required by child welfare agencies or family-friendly visitation space Butera, 2010).

 

Pressure from immigrant rights supporter has put federal and state lawmakers in a position to pass laws and policies to protect immigrants and their families. California has led the way in this regard, with the October 2012 enactment of two bills that place safeguards in the state child welfare process (Immigrant Policy Center, 2012). The Call for Kids Act (AB 2015) strengthens the existing provisions of an existing California penal code by requiring law enforcement officials to notify a parent of the right to make two phone calls at the time of arrest, regardless of immigration status or language, and to post this information in jails in multiple languages.

The Reuniting Immigrant Families Act (SB 1064) authorizes child welfare courts to provide an extension in the family reunification period so that child welfare agencies can provide a diligent search for detained or deported parents or a relative. The law also ensures that immigration status alone is not a disqualifier for a child welfare placement and that foreign documents may be used for purposes of background checks for relative caregivers. In addition, it requires the California Department of Social Services (CDSS) to provide guidance to social workers regarding possible immigration relief options for children and parents, including Special Immigrant Juvenile Status. Finally, the law requires CDSS to provide guidance to local agencies on how to establish agreements with relevant foreign consulates for the purpose of facilitating family reunification in child custody cases (Immigrant Policy Center, 2012).

 

 Lastly, President Barack Obama’s Immigration Reform policy would will give parents of American citizens or legal resident children who have lived in the U.S. for more than five years relief from deportation if they register with the government, undergo background checks, and pay taxes. It will also allow immigration enforcement officials to focus resources on deporting felons, not families (The President’s Immigration Plan, 2015).