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Michelle Chen

Michelle Chen

Posted: May 5, 2010 02:22 PM

Immigration Law's Impact on Kids: Broken Families and America's Soul

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Children are the hidden casualties of America's war on immigrants, and the passage of Arizona's new racial profiling legislation could open up countless opportunities for local law enforcement to break up families by putting undocumented parents on the fast-track to deportation.

A report from the D.C.-based advocacy group First Focus released in April outlines the possible consequences for children who wind up alone after their immigrant parents are apprehended.

According to the organization's estimates, "over 5 million children in the United States with at least one undocumented parent are at risk of unnecessarily entering the child welfare system when a parent is detained or deported." (Of all the children with at least one undocumented parent, a large majority are citizens by birth.)

Once inside the system, children often fall into a massive bureaucracy that can traumatize youth and parents, and when language barriers and poverty enter the mix, separated family members might have only a dim awareness of their children's fate or the legal process for keeping custody within the family. The result is that on top of the nightmare of permanent separation across national borders, these parents face especially high risk of losing parental rights under domestic law,

When a child enters the child welfare system, immigrant parents face huge obstacles in reuniting with the child. For example, if a parent is detained or deported, they cannot take part in child welfare proceedings like family court or case plan requirements, which creates the risk of permanent, unnecessary separation of the child from their parents.

It's not just the undocumented who are at risk. First Focus notes that ICE enforcement actions "have resulted in the apprehension of thousands of immigrants for minor non-criminal offenses as well as the deportation of thousands of lawful permanent residents." According to one government study, over a ten year period, an estimated 108,000 parents with U.S. citizen children were deported.

One of the most disturbing possibilities is a convergence of three huge institutions--immigration, criminal justice and child welfare--where family members are roped into a Kafka-esque bureaucratic limbo where advocating for their families could be punished by deportation. Just as SB1070 could deepen tension between communities of color and police, the collateral consequences in the child welfare system could leave all immigrant families alienated from the social service system:

For example, in one case in February 2009, a social worker operating as a private contractor for the Florida Department of Children and Families filed a cross report to the sheriff’s department on the immigration status of a Guatemalan woman who had two U.S. citizen children in the child welfare system. Due to the police department’s 287(g) agreement, the mother was turned over to ICE officials, and subsequently the social worker called in the grandparents of the child who were also turned over to ICE during a visit at the child welfare office. Actions such as these raise serious concerns about the effects on immigrant communities’ trust of the public child welfare system, creating a high risk of immigrant citizens not reporting suspected or severe child maltreatment.

First Focus notes that a common dilemma families faces as deportation looms is whether the children, who may or may not have legal status, will return to the home country in order to remain with the parent.

A rational solution to that dilemma is to pass legislation, such as a humane proposal offered by Rep. Jose Serrano, that would compel the government to respect the need to keep families intact during deportation proceedings. Rep. Duncan Hunter of California has another solution: deport children of the undocumented, too, even if they are citizens. Pointing to the "cost" of unauthorized immigration, Hunter recently argued, "we’re not being mean. We’re just saying it takes more than walking across the border to become an American citizen. It’s what’s in our souls, not just walking across the border.”

When migrants walk across the border, they carry with them the familiar desire to raise their families and build a better life. Those hopes, however, according to the right, have no place in the American "soul." Yet the willingness to dehumanize whole families, including the children of your neighbors, is somehow part of our national character. For a growing segment of the population, this is exactly the kind of ideology that renders a nation soulless.

Crossposted from Racewire.org

 
 
 
Children are the hidden casualties of America's war on immigrants, and the passage of Arizona's new racial profiling legislation could open up countless opportunities for local law enforcement to brea...
Children are the hidden casualties of America's war on immigrants, and the passage of Arizona's new racial profiling legislation could open up countless opportunities for local law enforcement to brea...
 
 
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01:24 AM on 05/07/2010
" Children are the hidden casualties of America's war on immigrants, and the passage of Arizona's new racial profiling legislation could open up countless opportunities for local law enforcement to break up families by putting undocumented parents on the fast-track to deportation. "

Wow talk about spin and lies - by "immigrants" do you mean ILLEGAL ALIENS? By "racial profiling" do you mean asking a person who is involved in police activity to show their ID?

There is nothing wrong with wanting to send ILLEGAL ALIENS back to their own countries. They are here ILLEGALLY.
10:58 PM on 05/06/2010
I have worked with some of these displaced kids and their families. It is very sad.
01:25 AM on 05/07/2010
Well maybe the parents of these "displace kids" shouldn't have entered our country ILLEGALLY! There is a LEGAL way to enter our country.
03:15 PM on 05/06/2010
Michelle. Humane treatment of families with children needs to addressed. Over a week ago I posted a comment to another article that illegal immigrant is a version modern day slavery with parallels to our past. For example exploitation of people, trafficing of humans, and poverty. With corporations and the rich benefiting from the profits. Children and splitting up families are another of example of the parallels.

This another reason we need to stop of the flood of people coming into the US or we face these issues (families, children...) again and again with each wave of illegal immigration.
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01:50 PM on 05/06/2010
Why as a parent would you leave your children behind? I assume the children would have dual citizenship and could move back to the States legally later in life. Families should stay together and not use their children as pawns. Go back to your country of origin WITH YOUR CHILDREN and try to come back in legally. Don't cause yourself additonal grief by leaving your child here. Abandonment shouldn't be an option.
01:29 PM on 05/06/2010
Don't break up these families. That would be cruel. Ship them all out. When will you learn that people are responsible for their own actions. They came here illegally. The penalty is being deported. They should have thought about that before they came here.
12:58 PM on 05/06/2010
I know American citizens who committed non-violent (i.e. :"drug") crimes thirty years ago and they cannot find jobs in this country because of corporate background checks. No one weeps for their children living in poverty and despair. Yet your heart is broken if the children of illegal settlers might be "left behind" when (and if) they were to be deported.............first off, what kind of person would leave their child behind? And secondly, when did empathy for illegal settlers take precedence over empathy for our own people? Orwell would get a kick out of this discussion.
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01:53 PM on 05/06/2010
Well, what kind of person would commit a drug crime? Are we talking using or selling? Personally, I would rather all drugs be legalized (I don't do drugs or drink alcohol, by the way) and take profit away from the dealers and cartels. At least with illegal settlers they are looking for a better life for their children. Not sure you can say the same for the drug criminals.
03:25 PM on 05/06/2010
Ah, yes, the good ol' "it's ok to break the law if you are merely looking for a better life for your children" argument............sweet!
So the guy who robs a convenience store in order to provide food for his children should be exonerated and set free, right?
There are 20 million American citizens who are unemployed right now, How do you think they feel about their children?
11:03 PM on 05/06/2010
We should be empathetic to all people - US citizen or not and no one takes precedence over another.

They deported don't always choose to leave their children behind - often it is forced. ICE doesn't allow you time to go home and pack up your belongings and gather your family.

Many people have relatives here who will step up, but it's not a guarantee and you are still leaving your child behind.

And yes, people are concerned about the US children living in poverty and despair and many of us are doing something for them too. This article happens to be about immigrant children so people are responding to this.
10:40 AM on 05/06/2010
The ones breaking up families are illegals. They broke the law should we not lock up murderers because they have kids? The logic of the open border lobby is breathtaking is anyone prevented the deportees from taking their kids?
08:57 AM on 05/06/2010
The parents are breaking the law. They should have thought about the consequences before coming to the US illegally.
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03:27 AM on 05/06/2010
When a policy mess has been allowed to play itself out over a long period of time, it's rarely easy to clean it up. Our immigration laws are a joke. Kicking this can down the road for all the wrong reasons has led us to this situation. The solutions will not be pleasant. But illegal is illegal. We should have the same right to enforce our borders as most other countries -- including Mexico. From an economic, environmental, and population growth standpoint, we have to do what's necessary to insure citizen well-being, not cater to Republican greed or liberal softness. Of course, children should go with their parents. I have to question why the law granting automatic citizenship to parents of illegal immigrants was passed in the first place...
08:31 PM on 05/05/2010
If I was working without authorization in Australia and faced deportation, I would bring my Australian-born children home with me! No way would I leave them behind. I would accept voluntary deportation with my children, in order to spare them time in detention.

Illegal residents facing deportation in the US can do the same.

If we want living wage jobs in the U.S., we must enforce our immigration and fair labor laws.
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HUFFPOST SUPER USER
Romulus
08:28 PM on 05/05/2010
Anytime a person uses the term "undocumented immigrant" or "undocumented worker" rather than the corrected term, illegal immigrant, I have to question his or her integrity.
01:26 PM on 05/06/2010
I prefer illegal alien. Immigrant implies that they are going to get to stay here.
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NABNYC
02:59 PM on 05/05/2010
Of course the law should be changed to require adults being deported to take their under-aged children with them. I don't care if the children were born here or not. The law requires parents to care for their own children. This idea of an illegal immigrant being entitled to stay here because they give birth inside the country is not consistent with any laws. It is contrary to the law. The woman who took refuge in a church in Chicago made that argument: even though she was here illegally, the government could not deport her because she had given birth in this country, and was entitled to stay with her child. I would argue that of course she should stay with her own child -- it's just that both of them should return to the mother's country of citizenship, which I believe was Mexico.

I have such a hard time imagining a parent abandoning their minor children in this country. Who would do that? Is it a gamble? When the child is 18, they can come here. If the parent does not contest the deportation, the child, at 18, could petition to bring the parents here legally. This whole thing is irrational and hard to imagine, parents abandoning their own children.
01:33 PM on 05/06/2010
Yes, we should only provide a "path to citizenship" for those willing to abandon their own children. This is how we become a stronger, more "moral" Nation of Laws. Pfffft.
01:27 AM on 05/07/2010
There shouldn't be a "path to citizenship" for any ILLEGAL ALIEN!