Federal and state policies targeting immigrant children are increasing, with new efforts that could violate existing laws and undermine the well-being of children in the U.S. Many of these policies seem aimed at provoking court battles that weaken children’s rights.
Mass Deportation of Children
A leaked memo from ICE reveals a plan to arrest and deport children who entered the U.S. without their parents. This plan focuses on children with removal orders, including those who missed a court date. It also includes deportation actions against children who haven’t been ordered removed yet. This plan could rely on data from the Office of Refugee Resettlement (ORR), which cares for unaccompanied minors and places them with sponsors, often family members. The Department of Homeland Security and Health and Human Services have reinstated Trump-era policies allowing ICE to access ORR data. The new rules also require fingerprinting of all adults in a household where a child will be released, not just the sponsor.
Past similar policies faced legal challenges because they discouraged sponsors from coming forward out of fear of immigration enforcement. As a result, children were held in detention longer, which harmed their well-being. The use of ORR data for enforcement could repeat this issue, discouraging sponsors from helping children.
The government justifies these deportation efforts as part of its fight against child trafficking and exploitation. However, arresting and deporting children—especially young ones—does little to prevent trafficking. In many cases, a child missing a court hearing is simply because they lack legal representation, not because they’ve been trafficked. If the goal is to combat trafficking, the focus should be on traffickers, not children.
The broader deportation plans put other children at risk as well, including U.S.-born children in families with undocumented members. These children are vulnerable to family separation and trauma.
Efforts to Cut Legal Aid for Unaccompanied Children
In another move to fast-track deportations, the administration attempted to remove legal representation for 26,000 unaccompanied children in immigration court. Last week, the administration issued a “stop-work” order to the nonprofit attorneys handling these cases. After facing backlash, the administration reversed the decision. However, the attorneys’ contracts expire in March, and lawmakers are pushing for a renewal.
Legal representation is crucial for children seeking to remain in the U.S. Studies show that children with legal representation are more than seven times more likely to stay in the country.
State Efforts to Restrict Education
Several states, including Tennessee, Oklahoma, Indiana, and Texas, have introduced bills that would bar undocumented children from receiving free public education. These bills directly challenge Plyler v. Doe, a Supreme Court ruling that guarantees children the right to education regardless of immigration status.
Threat to Birthright Citizenship
The administration is also attempting to end birthright citizenship for the children of many immigrants, both documented and undocumented. While courts have temporarily blocked this move, the government is appealing the decision. If successful, this policy could strip millions of U.S.-born children of their citizenship, turning them into undocumented immigrants who could face deportation. Many of these children could end up stateless.
These developments are alarming but not unexpected, considering the current administration’s stance on immigration.
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