Child Welfare and Immigration: Practical Strategies for Child Welfare Cases Involving Transnational Families Frida Espinosa, MPH, Transnational Independent Consultant Polk County Child welfare and Immigration Committee Southern Arizona Transnational Taskforce Polk County Decat Provider’s Meeting October 17, 2018

With the generous support of CAMMINA and The Annie E. Casey Foundation Practical Strategies & Lessons Learned from the Bench for Child Welfare Cases Involving Transnational Families A webinar sponsored by the Institute for Women in Migration and the Women’s Refugee Commission With the generous support of CAMMINA and The Annie E. Casey Foundation presented by: Hon. Kathleen Quigley, Arizona Superior Court, Pima County, Tucson, Arizona Hon. Geoffrey Ferlan, Arizona Superior Court, Pima County, Tucson, Arizona Laurie Melrood, LMSW, Advocacy and Consulting, LLC, Moderator January 24, 2018 To watch webinar recording go to: https://vimeo.com/253904202

Background: Key Federal and State Policy Shifts National policy changes may impact the number of transnational families on your caseload and/or their needs January 25th, 2017 Pres. Trump Signs Executive Orders on Border and Interior Immigration Enforcement More parents arrested, detained, and deported Deportations can occur quickly (weeks or even days) – no notice to state court Decreased likelihood that a deported parent will be able to return to participate in a TPR proceeding SF481 in Iowa establishes police collaboration with Immigration Customs Enforcement (ICE) Policy changes could impact due process in your court due to increased fear in immigrant communities: Families may be fearful of accessing services for US citizen children such as health care and public benefits, reducing economic survival capacity Families are reluctant to interact with police and child welfare agencies This may vary by state - parents have been arrested in courthouses

Families without Borders https://vimeo.com/170674003

What is a Transnational Family? Transnational families are families where one parent, or in some cases both, lives in one country or is a detained foreign national, while the children are in the United States. OR Families where both parents in the US have lost custody but an extended family member in a foreign country requests placement of the child.

Father in Mexico, Children in Arizona A Case Study Father in Mexico, Children in Arizona Tomas, a military vet from Arizona, deported to Mexico Three of his children, ages 16, 14, and 11, were removed from mother’s care in Arizona Father and children were ultimately reunited WHAT WORKED: Continuous communication with case manager and court- appointed attorney Telephonic appearance from Mexico at all dependency hearings Contact with the Mexican Consulate and with Mexican child welfare agency “DIF” Compliance with dependency case plan, housing, and job requirements Twice-yearly extended visits in Mexico with case manager’s approval Photos, letters, and phone calls between father and children

Southern Arizona Transnational Task Force Goals Goal #1  Advance due process while remaining nonpolitical Goal #2  Build relationships and develop connections Goal #3  Develop practical solutions to address challenges for dependency courts Part of our success lies in the goals we have set out

Who came to the table in AZ? Who has come to the table in Polk County? Judicial officer Court administration Child welfare attorneys (parent’s counsel, child’s attorney/GAL and State’s Attorney) Child welfare administrators and case managers ICE contact (or other identified federal contact) Consular representatives Child welfare agency in other country – example: DIF in Mexico Non-profit immigration agencies/immigration attorneys (non-profit and pro bono) Community immigration specialists Local university child welfare/immigration experts

Through collaboration we learned what we didn’t know and we learned to make process improvements Utilized the services of the Consulate to locate a missing parent Obtained US passport and birth certificate with apostille -Utilized the services of the Consulate to obtain dual nationality for US born children -Ensured the birth certificate was legally accurate and sufficient for receiving country -Protected a child’s constitutional rights in both countries Provided some form of visitation with parents who are detained or out of the country Obtained the proper paperwork to return a US citizen child to Mexico Made arrangements for a parent detained by ICE to be present at court Learned how an MOU with the Consulate can benefit child welfare Improved communication and collaboration with DIF and child welfare system – home studies, services, reports to court

Other Challenges for Providers Facing Dependency Cases Involving Transnational Families Visitation for children with detained/out of the country parent Provision of adequate reunification services for parent in another country Placement – if unable to reunify and relatives are out of the country Reunification with a parent out of the country When parent is detained by ICE ICE timeline – few days vs. few years ASFA/State time requirements for dependencies

Navigating Transition/ Reunification Considerations When Placing a Child in Another Country - http://impactodemedidas.imumi.org/ingles/ Currently more than 600,000 US-born children live in Mexico. Since 2009, the Pew Research Center reports more Mexican people are returning to Mexico than the number of people coming to the US. Dual nationality is key to protecting the rights of children in both countries. Infrastructure in countries of origin is being strengthen to respond to the needs of returning families. Locating an appropriate relative Home study for placement Visitation prior to placement Language, education, and behavioral health Legal documentation for a US child moving to a foreign country Reunification when child has no US immigration status Is child a US citizen? Obtain passport – may assist with visitation; Is child foreign national? What documentation does receiving country need to have so the child can receive: education and medical care? Has child lived in the receiving country? If not, consider or has been a long time ago: Are therapeutic services available to assist child with transition? Does the child speak the language? If not, consider language lessons. Does the child have the documentation necessary to live in the receiving country? Connect with consulate of the receiving country to determine what is required. Navigating Transition/ Reunification

Solutions and Best Practices for Collaborative Success

Practical Solutions Written guidelines in the form of the Task Force Toolkit Immigration clinics for children Training of key partners Continuing stakeholder collaborations and established relationships

How to Search for a Parent In Immigration Detention ICE Online Detainee Locator System (ODLS): https://locator.ice.gov/odls/#/index Search by A-Number A-Number – (9 digit Alien registration number)* Country of Birth* Search by Biographical Information First Name* Last Name* If there are multiple last names, be sure to include them all Country of Birth* Date of Birth EXAMPLE: A-Number: A-123-456-789 Country of Birth: El Salvador EXAMPLE: First Name: Maria Luisa Last Name: Garcia Montes Country of Birth: El Salvador Date of Birth: 10/10/1978 *Required information

Other Tips When a Parent is in ICE Custody What to Know When Working with ICE PARENTAL INTERESTS DIRECTIVE: ICE’s internal guidance on working with detained parents involved in a child welfare case Available at: https://www.ice.gov/doclib/detention- reform/pdf/parental_interest_directive_signed.pdf (current as of January 2018) STEPS TO TAKE WHEN COMMUNICATING WITH ICE: 1. Contact ICE Field Office having jurisdiction over facility where parent is detained via ICE child welfare POC: https://www.ice.gov/contact/ero (list of ICE Field Offices) If Field Office is unresponsive or unwilling to help, move to step 2 2. Email ICE Headquarters: parental.interests@ice.dhs.gov

Key Takeaways A missing parent can mean a detained or deported parent Notifying the consulate office that represents the parents or child’s country of origin is key You are not alone–support and resources are available Key Takeaways

Additional Resources IMUMI Brief Guide to Supporting Mexican Transnational Families http://impactodemedidas.imumi.org/ingles/ (English) http://impactodemedidas.imumi.org/ (Spanish) Women’s Refugee Commission Resources for Families Facing Deportation and Separation Available at: www.womensrefugeecommission.org Detained or Deported: What about my children: https://www.womensrefugeecommission.org/images/zdocs/Parental- Rights-Toolkit-ENGLISH_Interactive.pdf Immigrant Legal Resources Center and The Center on Immigration and Child Welfare, Social Worker's Tool Kit for Working with Immigrant Families http://cimmcw.org/wp-content/uploads/2015/07/CICW-ILRC- Immigration-Relief-Toolkit-2015-FINAL.pdf (See Appendix 4 "Summary of immigration relief options applicable to youth in dependency proceedings" and Appendix 5, "Glossary of immigration terms“)

Thank you for your time. Questions. Frida Espinosa frida. espm@gmail Thank you for your time. Questions? Frida Espinosa frida.espm@gmail.com