Here, There and Everywhere

Immigrant Families Divided

From New America Media and Nation of Change.
by Marjorie Valbrun
30 January 2012

Foster Care, Uncertain Futures Loom for Thousands of Immigrant Children.

More than 5,000 children of immigrants are languishing in state foster care nationwide because their parents were living in the United States illegally and were detained or deported by federal immigration authorities.

These children can spend years in foster homes, and some are put up for adoption after termination of their parents’ custody rights. With neither state nor federal officials addressing the problem, thousands more are poised to enter the child welfare system every year.

“They can be dropped into the foster care system for an indefinite period of time,” says Wendy D. Cervantes, vice president for immigration and child rights policy at First Focus, a bipartisan advocacy organization in Washington, D.C. “This causes severe long-term consequences to a child’s development. It has a negative impact on the country as a whole and a direct impact on taxpayers. The fact that these children have parents means they shouldn’t be in the system in the first place.”

A recent report by the Applied Research Center (ARC), a national racial-justice think tank, found that when immigration enforcement methods intersect with the child welfare system, consequences for immigrant families can be devastating and long-lasting.

Jailed or deported parents are prevented from reuniting with their children, and parents held in immigration detention centers are penalized for being unable to attend hearings in family court. They are also penalized for not meeting court-ordered requirements for regaining custody of their children. The requirements are impossible to meet from jail.

In addition, detained parents often aren’t aware that they can request that their children be returned upon deportation, placed with relatives in the United States, or allowed to return to their home countries. Parents unable to speak, read or write English, let alone understand complicated legal rulings, are often uninformed of their legal rights or where their children have been sent. They often don’t have lawyers to help navigate the child welfare system.

“Immigration policies and laws are based on the assumption that families will, and should, be united, whether or not parents are deported,” the ARC report states. “Similarly, child welfare policy aims to reunify families whenever possible. In practice, however, when mothers and fathers are detained and deported and their children are relegated to foster care, family separation can last for extended periods. Too often, these children lose the opportunity to ever see their parents again when a juvenile dependency court terminates parental rights.”

Encarnación Bail, an undocumented immigrant from Guatemala, who is in a prolonged fight to regain custody of her son, has confronted many of these obstacles.

She lost custody of her infant son, Carlos, in 2008, a year and a half after she was arrested and jailed by federal immigration authorities during a raid of the poultry plant where she worked in Cassville, Missouri. Awaiting deportation, she spent two years in federal detention, first in a local county jail in Missouri and then in a federal prison in West Virginia. During her imprisonment, relatives caring for Carlos gave the baby to a local couple who were childless.

After a county court terminated Bail’s parental rights on grounds that she had abandoned the baby, the couple adopted her son.

The court sent an official letter to Bail informing her that the couple was caring for her son, but the letter never reached her and was returned unopened to the court. When a formal adoption petition did reach her, Bail was stunned. With the assistance of a prison guard and an English-speaking visitor from Guatemala, Bail wrote back that she did not want her son put up for adoption and wanted him placed in foster care until she was released. She also requested visitation with Carlos. She never received a response from the court and she was never informed about the custody hearings.

The Guatemalan government learned of her case through news reports and intervened on her behalf, prompting the American government to put the deportation order against her on hold and grant her temporary legal status allowing her to stay and work in the United States while she continues a legal battle to regain custody of Carlos.

“I’m very sad, I very much want to be reunited with him,” Bail said through her lawyer. “I suffered an injustice. I’m the mother of Carlos and I was worried for Carlos during my entire detention. I was always thinking about him and I never gave my consent for his adoption.”

The Obama administration now says it is no longer targeting immigration enforcement activities on undocumented workers, such as Bail, and is instead focused on seeking out and deporting immigrants who have committed major crimes. However, immigrant advocates say that federal immigration agents, state law enforcement agencies and local county police departments participating in federal immigration enforcement programs do not follow that policy uniformly.

In fact, the government deported more than 46,000 parents of children with U.S. citizenship in the first half of 2011, according to the ARC report.

“It’s clearly un-American to take kids away from loving families,” says Rinku Sen, president and executive director of ARC. “It should give Americans real pause about what we’re engaged in. We need to take a very hard look at these policies and practices.”

Hispanics make up the majority of undocumented immigrants in the United States and, as a result, children of color born to parents from poor countries in Latin and Central America and the Caribbean are affected disproportionally.

What’s clear, say immigrant advocates, is that racial bias toward Latinos and other people of color play a significant role in separating children from parents and relatives.

Read entire story at Nation of Change.

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