An Overview of Policy Issues Facing
Immigrant Families in the Foster Care
System
PRESENTATION BY:
Yali Lincroft, MBA, Policy Consultant for First Focus Campaign
for Children, yalil@firstfocus.net
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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About First Focus
A bipartisan advocacy organization dedicated to making
children and families a priority in federal policy and
budget decisions located in Washington DC.
Policy areas include children’s health, child welfare,
early childhood, immigrant children, education, tax
and budget policy, family economics.
In Jan 2012, Annie E. Casey Foundation partnered with
First Focus to establish the State Policy Advocacy and
Reform Center (SPARC)
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Immigration Policy Trends
Increasing anti-immigrant hostilities in work, school,
home
• e-verification
• education access to k-12/higher education
• Arizona copycat legislation in Georgia, Alabama,
Mississippi, and Missouri with more to come
• Legislation to deny child tax credit and food stamp
benefits for US born children of undocumented
immigrants, services for pregnant women
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Deportation Trends
• Highest number of deportations in US history
(about 400,000 a year in 2011)
• SECURE Communities: interacting with law
enforcement can lead to deportation
• ICE new report shows that from Jan 1 – June 30,
2011, ICE removed 46,486 undocumented
parents who claimed to have at last one US
citizen children
• “Shattered Families” report by Applied Research
Center showed over 5,100 children in foster care
as a result of parental detention
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Political Battles …
Obama administration at odds with many states in
their strict new immigration laws (such as Alabama
and Georgia), with federal lawsuits in South Carolina
and Arizona.
Both DHS Secretary Janet Napolitano and President
Obama has criticized Congress for failing to pass
DREAM Act last year.
Republican frontrunner Romney vowed to veto any
DREAM Act, while both he and Gingrich would like
to limit it’s scope to military service-only. Florida
legislator Rubio introducing another DREAM act bill.
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Immigrants in the Foster Care System
• About 23% of children in the US have at least one
foreign born parent
• About 8.6% of all children who come into the
foster care system are children of immigrants (the
majority, 4 out 5 are US citizens)
• When a child is in the foster care system, services
are covered by state/federal system but problem
arise when social worker wants to reunify the
child and the family is not eligible
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Problems with Immigrants
Accessing Services
• Lack of bilingual/bicultural staff
• Confusion re application process
• “Public charge” fear including liability for
family sponsors
• Cross-reporting to immigrant officials leading
to deportation
• Obstacles to placement and licensing with
relative caregivers
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Four Primary Immigration Categories
• US citizens (born or naturalized, derivate
citizenship)
• Legal permanent resident (i.e. “green card”)
• Temporary visas
• Undocumented immigrant
Restrictions facing certain classes of immigrants
from receiving publicly funded services
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Issues Affecting Access to Services
1996 welfare laws created two categories of
immigrants
• “qualified immigrants” include legal
permanent resident, refugee/asylum, paroles,
certain battered spouses, children, victims of
trafficking
• All other immigrants, including undocumented
are considered “not qualified”
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Mixed Status Families
Most immigrant families are “mixed” immigration
status (i.e. parents and older siblings may be
undocumented or legal permanent resident and the
younger children are US citizens). Even more
complicated is that most immigrant households
include extended families. Although the child client
may be eligible for services, the family may choose
not to apply for fear of implicating a noncitizen
family member.
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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“Public Charge”
“Public charge” is defined as individual likely to
become primarily dependent on government
assistance which can impact application for
family sponsorships.
Immigrants are barred from receiving help from
any federal safety-net programs for the first
five years that they are in the U.S. but may be
eligible for some state or county programs.
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Recommendations for Service
Providers
• IMMIG LEGAL ORGANIZATION can help educate
staff about immigration categories and potential
relief options (like SIJS, VAWA, T, derivative
citizenship) for your clients
• BECOME EDUCATED ABOUT ELIGIBILTY rules for
support programs like Migrant Head Start, Victim
Witness, Violence of Crime Assistance, WIC,
EPDST and programs which immigration status is
not considered for eligiblity for services
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Federal and State Legislation
Addressing Immigration Detention
and Child Welfare
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Immigrant Parents in Detention
Challenges facing immigrant parents in detention
include:
• trauma exposure to children at time of arrest;
abandonment of children; children coming home to
empty homes
• difficulty in locating and staying in communication
during detention
• logistical challenges at deportation
• immigration judges have no discretion to consider
the adverse impact of parental deportation on US
citizen children
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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HELP Separated Children (Sen Franken,
S 1399)
• Access to free, confidential phone calls for parents and
guardians to make care arrangements for their children and
throughout the immigration process.
• Collaboration between ICE and child welfare agencies to
ensure that parents have regular contact with their children
and are able to meaningfully participate in family court
proceedings, including the ability to make arrangements to
bring children with them to their country of origin if they so
choose.
• Consideration of the best interest of children in all decisions
regarding the detention, release, and transfer of a parent or
guardian.
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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Foster Children Opportunities Act
(Rep Stark, HR 3333)
• Screens all children for SIJS and other immigration
relief options before they exit care.
• Provides needed technical assistance to child welfare
agencies and resources to train judges, attorneys and
other legal workers to ensure they are aware of these
options and of how to take advantage of appropriate
relief .
• Clarifies that a state can obtain reimbursement for the
foster care costs of a child once the child obtains SIJS
status and ensures that children who receive SIJS are
exempted from the 5 year ban placed on receiving
Federal means-tested public benefits.
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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CA Senate Bill 1064 (de León)
• Authorize the court to provide an extension in the family
reunification period
• Prohibit the use of immigration status as a disqualifying factor
in evaluating placement of a child with a relative. Authorize
use of a relative’s foreign consulate id card or passport to be
used to initiate criminal records or fingerprint clearance
• Require CDSS to provide guidance to social workers on
referring children eligible for immigration relief options like
Special Immigrant Juvenile Status to receive assistance in
acquiring protective status
• Require CDSS to provide guidance to counties to establish
MOUs with appropriate foreign consulates in child custody
cases
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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FOR MORE INFORMATION: Resources for Policymakers
FIRST FOCUS & MCWNN/Caught Between Systems –
The Intersection of Immigration and Child Welfare
Systems, First Focus Policy Briefs (4 policy briefs and
a fact sheet)
http://firstfocus.net/library/reports/caughtbetween-systems-the-intersection-of-immigrationand-child-welfare-policies
The National Immigration Law Center (www.nilc.org and
the National Health Law Program
(www.healthlaw.org)
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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FOR MORE INFORMATION: Resources for Social
Workers
ANNIE E CASEY FOUNDATION/When a Parent is
Incarcerated – A Primer for Social Worker (See
Chapter 4 on immigrant parents)
http://www.aecf.org/KnowledgeCenter/ChildWelfarePe
rmanence.aspx
NATIONAL ASSOCIATION OF SOCIAL WORKERS – CA/The
Intersection of Immigration Law, Its Enforcement,
and Social Work Practice (2 CEU Units – Free)
http://www.socialworkweb.com/nasw/choose/free.
cfm
Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)
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