AUSTIN, Texas - Despite a new Immigration and Customs Enforcement (ICE) policy meant to drastically reduce the number of non-criminals targeted for deportation, more and more children are being placed in foster care when their undocumented parents are detained - especially in Texas. A just-released study finds the new ICE priorities are not fundamentally changing the Obama administration's overall immigration policy, which has resulted in unprecedented levels of deportations.

Families are paying the price, according to the study's principal investigator, Seth Wessler, who also wrote the report for the Applied Research Center.

"One of the many collateral effects of this policy is that children are now stuck in foster care, separated from their families, sometimes forever. Sometimes these children never see their families again."

He says at least 5,000 children who are U.S. citizens are currently separated from their undocumented parents, and he warns that 15,000 more will wind up in foster care over the next five years if nothing changes. Of all the regions investigated, the Rio Grande Valley in Texas has the highest percentage of children in foster care whose parents were deported or detained. El Paso is a close second.

When the Department of Homeland Security announced its new priorities this summer, it kept its goal of deporting 400,000 people a year. As a result, according to Wessler, local-level immigration and law-enforcement officials adapted their procedures to fit the new federal guidelines, so routine immigration violations are now being classified as criminal.

"There's a growing fear in immigrant communities that communicating with local police will result in deportation. It's putting communities and families at significant risk."

He says even women reporting domestic violence to police have been deported or detained hundreds of miles from their children, if they lacked documentation.

The study finds little coordination between immigration enforcement and child welfare services. Wessler says it's often impossible for detained parents to pursue legal steps to reunite with their children, causing agencies and judges to move toward permanent termination of parental rights.

"Everybody agrees that children are better off with their families than in foster care. But when a parent is deported, that principle - that commitment to family unity - tends to go out the door."

The report calls for community-based solutions to keep families close together and revised federal policies to ensure that deportation priorities actually target criminals.

The full report, "Shattered Families - The Perilous Intersection of Immigration Enforcement and the Child Welfare System," is available at http://arc.org/shatteredfamilies.




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Advocates for immigrants are pushing back on a bill signed by Iowa Gov. Kim Reynolds in the last few days of the legislative session, modeled on a recent, controversial Texas law.

Senate File 2340 gives local law enforcement officers and judges the authority to deport undocumented immigrants.

Erica Johnson, executive director of the Iowa Migrant Movement for Justice, argued the bill is an overreach, and said Iowa law enforcement officers are not authorized to enforce it.

"This is a pretty clear intervention into federal territory," Johnson pointed out. "U.S. immigration law is governed by federal law."

Much like the author of the Texas bill, supporters in Iowa blame the Biden administration for failing to slow illegal immigration, so the state has decided to take matters into its own hands.

Johnson contended the bill and other anti-immigrant sentiment during the just-completed legislative session target the very people Iowa, with its dwindling population, will depend on for its future workforce.

"What we need is communities that are safe, where workers have access to dignified, safe workplaces," Johnson emphasized. "The truth of what Iowa's future could be depends on immigrants and immigrant workers in our state, and unfortunately, this law could take us back, away from that possible future. "

Johnson added her organization will pursue legal ways to block the bill from taking effect in July.


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The future of Senate Bill 4 is still tangled in court challenges. It's the Texas law that would allow police to arrest people for illegally crossing the border. But groups are speaking out about the impact of "Operation Lone Star" on the youngest migrants. Governor Greg Abbott continues to bus migrant families to other states, many with young children - more than 100,000 families so far.

Robert Sanborn, CEO of Children at Risk, works to improve the quality of life for boys and girls in Texas, and contends the policy has put trauma on top of trauma.

"We never want children to be political pawns. We don't want maximum chaos on the backs of children. We want children to grow up and be assets for our community," he contended.

Sanborn points out that 2.2 million children in Texas are immigrants, and said it would be less stressful for kids if families were not bused in the middle of the night, and if they were allowed to pick their destination.

When immigrants arrive at the border, they are evaluated to determine if they're eligible for asylum.

Beatriz Zavala, clinical coordinator at El Paso-based Humanitarian Outreach for Migrant Emotional Health, or "HOME," said the children in this situation are at higher risk for mental health disorders.

"What is particularly troubling is the profound disregard for the stability and protection these families need. The impact on their mental health is undeniable. These are not just statistics. These are children, real children," she said.

As part of Operation Lone Star, families have been bused to Chicago, Denver, Los Angeles, New York City, Philadelphia and Washington D.C. The governor has said the practice is needed to keep the Texas-Mexico border safe.


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Legislation in Albany would create the first right to counsel for people in immigration court.

The Access to Representation Act would provide immigrants the right to an attorney in their New York immigration cases, ending the tendency to represent themselves if they cannot afford one.

Estimates show a backlog of more than 330,000 immigration court cases, and fewer than half have attorneys. Studies show without legal counsel, migrants are less likely to remain in the U.S.

Marlene Galaz, director of immigrant rights policy for the New York Immigration Coalition, described what the bill would do.

"It has a six-year ramp-up to start implementing and building infrastructure," Galaz outlined. "Having a pipeline between law schools for law students to go into immigration practice, and getting to nonprofits and so on."

Galaz noted most opposition centers around the $150 million to fund the program but pointed out the total expenditure is less than 1% of the state's $229 billion budget. She added anti-immigrant rhetoric has also damaged support for the bill. Currently, it is in the state Senate Finance Committee.

The New York City Comptroller's office said enacting the bill would benefit the state financially. It could keep about 53,000 people from being deported, which would result in almost $8.5 billion in local, state and federal taxes over the next 30 years.

Galaz emphasized the influx of migrants has saturated the court system, leading to what could have been an avoidable backlog.

"I firmly believe that if these investments had been made when we first asked for them, I believe, like, three years ago, then we wouldn't be struggling," Galaz contended. "We would have had the infrastructure built to address an increase in welcoming our newest neighbors."

A Vera Institute survey showed 93% of New Yorkers across party lines and regions support access to attorneys for all people, including those in immigration court, and government-funded attorneys for them.


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