All signs point to a continued increase in deportations under the Trump administration, which seems to have set an internal goal of sending one million people out of the country. Many of these will be parents of children who are American citizens, and some will be forced with the difficult choice of leaving with their kids, or relinquishing them.
Child welfare agencies must be proactive partners in preserving families — not passive bystanders. The law recognizes a parent’s constitutional right to “the companionship, care, custody, and management” of their children. That right, and the best interests of the child, must guide how child protection systems respond to immigration enforcement. Here’s what states should do:
First, states should equip families — regardless of citizenship or immigration status — to plan ahead. Parents should be encouraged to designate standby guardians or caretakers and provide emergency contact information to schools and agencies. In 2021, ICE compiled a list of state-specific guardianship forms. California law already mandates that schools distribute resources about their placement preferences to families. These simple steps help ensure that children stay with trusted relatives or family friends — not strangers in the system.
Second, agencies must honor parental preferences for placement whenever possible. If a parent identifies a safe, willing caregiver, that arrangement should be respected — even if the parent is detained or deported. States should make clear that such placements are not grounds for terminating parental rights, or even for any court intervention. New York has passed legislation to protect this principle; Illinois has done the same for incarcerated parents.
Third, states must ensure that parental rights are not terminated simply because a parent has been deported or lives in a country with fewer resources. A finding of unfitness must be based on the individual circumstances of each case — not assumptions about poverty or geography. And if a case enters juvenile courts, courts must explore whether reunification in the country of origin serves the interests of the family.
Finally, child protection agencies must facilitate meaningful parental involvement. Parents should be able to participate in hearings and maintain regular contact with their children, even during detention or after deportation. This requires coordination with ICE and foreign consulates to enable phone and video visitation and to locate and engage parents when planning for a child’s future.
We cannot allow immigration enforcement to silently sever these bonds. The cost to children is too high.
