States Act to Protect Children of Detained Immigrant Parents Amidst Sweeping Deportation Operations

As immigration authorities execute what President Donald Trump has declared will be the largest deportation operation in U.S. history, a growing number of states are enacting legislation aimed at preventing children of detained parents, who lack other family or friends, from entering the foster care system. This legislative push comes amid concerns over the potential for widespread family separations and the profound, lasting trauma these can inflict on children.

The federal government has not maintained a comprehensive record of how many children have entered the temporary care system as a direct consequence of immigration enforcement operations, making it difficult to ascertain the frequency of such occurrences. However, available data and anecdotal evidence suggest a significant and escalating issue.

In Oregon, as of February, two children had been placed in temporary homes after being separated from their parents during immigration detention cases, according to Jake Sunderland, a spokesperson for the state’s Department of Human Services. Sunderland emphasized the unprecedented nature of these placements, stating, "Before the fall of 2025, this had never happened." This statement underscores a shift in the impact of federal immigration policy on state child welfare systems.

The scale of federal immigration detention is substantial. As of mid-February, nearly 70,000 individuals were in the custody of Immigration and Customs Enforcement (ICE). This figure represents a significant increase from previous years. January saw a record high of 73,000 individuals detained, an 84% surge compared to the same month the previous year. A comprehensive investigation by ProPublica revealed that as of August 2025, parents of 11,000 U.S. citizen children had been detained since the beginning of the Trump administration.

Further reporting by NOTUS in February indicated that at least 32 children of detained or deported parents had been placed in foster care across seven states. Sandy Santana, executive director of Children’s Rights, a legal advocacy organization, expressed skepticism about these figures, suspecting the actual number to be considerably higher. "That number seems really low to us," Santana stated, implying that the official count may not capture the full scope of the problem.

The emotional and psychological toll of parental separation on children is well-documented and profoundly damaging. Experts consistently highlight that such separations are deeply traumatic and can lead to a range of psychological issues, including post-traumatic stress disorder (PTSD). Prolonged and intense stress, often referred to as "toxic stress," can manifest physically and developmentally, increasing a child’s susceptibility to infections and hindering cognitive development. Research, including that compiled by KFF (Kaiser Family Foundation), a non-profit organization focused on health policy and information, indicates that toxic stress can cause lasting damage to brain areas crucial for learning and memory.

Legislative Responses and Precedents

In response to the growing concerns surrounding family separations, several states have taken steps to mitigate the impact on children. During the first Trump administration, states like Maryland, New York, Washington D.C., and Virginia amended their laws to allow guardians to receive temporary parental rights in cases related to immigration. These measures aimed to provide a legal framework for the care of children whose parents were detained or deported, preventing them from immediately entering the state’s child welfare system without a designated caregiver.

With the Trump administration’s renewed focus on immigration enforcement, a new wave of state-level legislative action is emerging. In New Jersey, lawmakers are considering a bill that would modify an existing state law governing the designation of temporary guardians in cases of parental death or incapacitation. The proposed amendment would explicitly include separation due to federal immigration enforcement as a valid reason for parents to appoint a temporary guardian.

Nevada and California both passed legislation last year to protect families affected by immigration enforcement actions. California’s "Family Preparedness Plan Act" allows parents to designate guardians and share custody rights, rather than having their parental rights automatically suspended during detention. This allows for a smoother transition of care and ensures that parents, if released, can regain full parental rights without the lengthy process of re-establishing custody.

Legal Hurdles to Family Reunification

Despite these legislative efforts, significant legal obstacles can impede family reunification once a child enters the state’s child welfare system. Juan Guzman, director of juvenile and guardianship court at Alliance for Children’s Rights in Los Angeles, explained that if a child is placed in foster care and neither parent can participate in the required court proceedings due to detention or deportation, their chances of reuniting with their child diminish considerably.

The sheer number of children potentially affected is staggering. Brookings Institution research estimates that 5.6 million U.S. citizen children live with at least one parent or family member who lacks legal immigration status. Within this population, 2.6 million children have both parents without legal status, highlighting the profound vulnerability of this demographic to immigration enforcement actions.

Santana of Children’s Rights predicts that the number of family separation cases will likely rise as the Trump administration advances its immigration agenda, thereby increasing the number of children at risk of entering the foster care system.

ICE Directives and Enforcement

ICE directives stipulate that the agency should make efforts to facilitate the participation of detained parents in family court, child welfare, or guardianship proceedings. However, Santana indicated that it remains unclear whether ICE is consistently adhering to these guidelines. Officials from ICE did not respond to requests for comment for this article.

The legal framework for temporary guardianship has evolved. Prior to California’s recent law change, the primary reason a parent could share custody rights with another guardian was a terminal illness. Under the current California law, if parents proactively prepare a plan and designate a trusted individual to care for their children in case of necessity, state child welfare agencies can initiate the process of placing the children with that designated person without opening a formal foster care case. This streamlines the process and aims to keep children within their familial or trusted community networks.

Challenges and Barriers for Immigrant Families

In Nevada, while lawmakers expanded an existing guardianship law to encompass immigration enforcement, the measure requires parents to submit notarized documentation to the secretary of state’s office. Cristian González-Pérez, an attorney at Make the Road Nevada, a non-profit organization providing resources to immigrant communities, noted that this administrative step can be costly and burdensome.

González-Pérez also highlighted a significant barrier: fear. Many immigrants hesitate to complete government forms due to concerns that ICE might access this information and use it against them. He reassures community members that state forms are confidential and typically only accessible to hospitals and courts, but the pervasive fear of government scrutiny remains a potent deterrent.

The Trump administration has been noted for taking "unprecedented measures" to access sensitive information through various government agencies, including the Centers for Medicare & Medicaid Services, the Internal Revenue Service (IRS), the Supplemental Nutrition Assistance Program (SNAP), and the Department of Housing and Urban Development, among others. This history of data access can exacerbate the mistrust among immigrant communities.

Both González-Pérez and Guzman believe that many immigrant parents are unaware of their rights. They emphasize that designating a temporary guardian and creating a family plan is a crucial step for parents to regain a sense of agency in an uncertain situation.

"People don’t want to talk about that issue," Guzman reflected. "For a parent to have to talk to a child about the possibility of separation is scary. It’s not something anyone wants to do." This emotional reluctance, coupled with legal and administrative hurdles, underscores the complex challenges faced by immigrant families navigating an increasingly stringent enforcement environment. The potential for widespread family separations and their long-term consequences on children remains a critical concern as federal immigration operations continue.