Trump’s immigration enforcement raises foster care concerns
As U.S. immigration authorities initiate what has been described as the largest mass deportation operation in history, several states are enacting laws aimed at preventing children from entering foster care when their detained parents lack available family or friends to assume temporary custody, reports BritPanorama.
The federal government does not maintain statistics on how many children enter foster care due to immigration enforcement actions, creating uncertainty regarding the frequency of such occurrences. In Oregon, as of February, two children had been placed in foster care after being separated from their parents in connection with immigration detention cases, according to Jake Sunderland, a spokesperson for the Oregon Department of Human Services.
“Before fall 2025, this simply had never happened before,” Sunderland stated, highlighting the unprecedented nature of these separations.
As of mid-February, nearly 70,000 people were held by Immigration and Customs Enforcement (ICE). The previous record of 73,000 in January marked an 84% increase compared to the previous year. Reporting from ProPublica indicates that parents of approximately 11,000 children who are U.S. citizens were detained since the beginning of Trump’s presidency through August.
February reports from NOTUS revealed that at least 32 children of detained or deported parents have been placed in foster care across seven states. Sandy Santana, executive director of Children’s Rights, a legal advocacy organization, believes that the actual number is significantly higher, remarking, “That, to us, seems really, really low.”
Separation from a parent can cause severe trauma for children, leading to various health and psychological issues, including post-traumatic stress disorder. Such “toxic stress” can contribute to frequent infections and developmental challenges in children, as noted by KFF.
Maryland, New York, Washington, D.C., and Virginia have amended existing laws to allow guardians to be granted temporary rights due to immigration enforcement reasons. The surge in enforcement activities beginning after Trump’s return to office has prompted further legislative responses in these states.
In New Jersey, lawmakers are considering a bill that would amend a state law permitting parents to nominate temporary guardians for circumstances including federal immigration enforcement separation. Similarly, Nevada and California passed laws last year aimed at safeguarding families affected by immigration actions. California’s Family Preparedness Plan Act allows parents to share custodial rights with nominated guardians while they are detained, enabling reunification upon release.
However, significant legal barriers remain for parents seeking to reunite with children once placed in state custody. Juan Guzman, director of children’s court and guardianship at the Alliance for Children’s Rights, indicated that if a child is placed in foster care while a parent is in detention, the likelihood of reunification diminishes.
Research from the Brookings Institution estimates that about 5.6 million children, who are U.S. citizens, live with at least one parent without legal immigration status. Out of this group, 2.6 million children have two parents lacking legal status. Santana anticipates that the number of family separation cases will increase as the administration continues its immigration campaign, thus elevating the risk of further placements in foster care.
ICE directives stipulate efforts to facilitate detained parents’ participation in family court and child welfare proceedings, although compliance with these rules remains uncertain. Requests for comment from ICE officials regarding the enforcement of these directives went unanswered.
Previously, California’s law only permitted parents to share custodial rights if they were terminally ill. Now, parents can prepare plans identifying guardians for their children, allowing for immediate custodial arrangements without launching formal foster care cases.
As state responses evolve, the burden of administrative requirements may deter immigrant families from taking necessary preventive measures, further complicating their situations. Gonzalez-Perez pointed out that many immigrants are cautious about engaging with government forms due to fears of exposure to ICE.
The Trump administration has escalated its attempts to access sensitive information through various federal agencies, fostering an environment of apprehension among immigrant communities. Advocates like Gonzalez-Perez and Guzman emphasize the importance of raising awareness about parental rights and advocating for temporary guardianship as a means to counter feelings of helplessness among immigrant families.
Overall, as legislative measures unfold to address the fallout of immigration enforcement, the complexities surrounding family separations and foster care placements continue to garner attention. The ongoing nature of this situation underscores pressing humanitarian and legal concerns within the framework of U.S. immigration policy.
