“ Child welfare services should be available to all children regardless of immigration status” “Federal, state, and local policies should encourage full integration of immigrant families into US society through an expanded delivery of child welfare services” Statements by the participants at the Migration: A Critical Issue for Child Welfare, 2006 Transnational Research and Policy Forum convened by the American Humane Association and Loyola University, Chicago, July 26, 2006

World as Community: The Intersection Between Migration and Child Welfare Monday, August 6 th, 2007 National Conference of State Legislators Legislative Summit

Participants of the Migration and Child Welfare National Network Sonia C. Velazquez, Vice President, Children’s Division, American Humane Association Ken Borelli, Consultant, Annie E. Casey Foundation & Bridging Refugee Youth and Children’s Services (BRYCS) With Contributions from Howard Davidson, American Bar Association Center on Children and the Law

Discussion Broad issues: national and state Policy framework Promising approaches Emerging issues

Immigration and Child Welfare Myths vs. Reality Myth #1: Undocumented immigrants come to the United States to get welfare. Myth #2: Undocumented immigrants all crossed the Mexican border. Myth #3: Undocumented immigrants are all single men.

Immigration and Child Welfare Myths vs. Reality Myth #4: Most children of the undocumented are unauthorized. Myth #5: A large share of schoolchildren are undocumented. Myth #6: Undocumented immigrants do not pay taxes.

Growth in Foreign-Born Population The percentage of the total population that is foreign-born in U.S. more than doubled between 1970 and One in five U.S. residents is either foreign born or a first-generation child of an immigrant. In 2000, 21% of the nation’s population under age 25 was either foreign born or first generation, up from a mere 7% in 1970 (U.S. Census Bureau, 2002). Source: Decennial censuses for ; Current Population Surveys (CPS) for and ; Urban Institute projections (2004) for 2010.

Changing Demographics Pose New Challenges for Child Welfare In US, 12% of population is foreign-born—35 million Roughly 10% of the foreign-born are children under 18 An increasing number of families are migrating to the US in order to stay together One in twelve immigrant children lives apart from parents. The 2000 census revealed that the foreign-born population was no longer settling and staying put in America’s Gateway cities and states.

Immigration Status and Family Structure Nearly 1 in 10 U.S. families with children is a mixed immigration status family ¾ of the children with non-citizen parents are citizens (Fix & Zimmerman, 2001). 1 in 12 immigrant children lives apart from their parents. Each year approximately 7,000 children arrive in the U.S. without a parent or guardian. Growth in migration, economic remittances and transnational families Source: National Center for Children in Poverty Illinois Task Force on Unaccompanied Minors World Bank

Immigration Categories 6 Main Destination States (67% of Immigrants in 2000) Source: Randy Capps, Urban Institute, /3 of Immigrants Live in 6 States

Immigration Categories 6 Main Destination States (67% of Immigrants in 2000) Top 10 Growth States ( %) Source: Randy Capps, Urban Institute, 2006 Top 10 States with Fastest Growing Foreign Born Populations

Immigration Categories 22 New Growth States ( > 91%) 6 Main Destination States (67% of Immigrants in 2000) Top 10 Growth States ( %) Source: Randy Capps, Urban Institute, States Grew Faster than “Big 6” from

Overview of State Legislation Related to Immigration and Immigrants in 2007 Introduced January-April 2007 As of April 2007, state legislators in all 50 states had introduced 1169 bills and resolutions related to immigration or immigrants and refugees Twice the total number of bills from last year (570) NCSL, Immigration Policy Project

Linguistic Diversity In 1990, 13.8 percent of population indicated that an language other than English was spoken in the home. By 2000 the percent of households speaking a language other than English in the home grew to 17.9 percent. In 2000, 4.4 million households, encompassing 11.9 million people, were linguistically isolated. These numbers were significantly higher than in 1990, when 2.9 million households and 7.7 million people, were linguistically isolated.

Percentage of Children with Language Difficulties in “Big 6” States Sources: Annie E. Casey Foundation (2007). “Kids Count state-level data online.” U.S. Census Bureau. (2007). “Census 2000 Summary File 3 (SF 3) U.S. Census Bureau (2007). “State and county quick facts.”

Percentage of Children with Language Difficulties “Top 10” States Sources: Annie E. Casey Foundation (2007). “Kids Count state-level data online.” U.S. Census Bureau. (2007). “Census 2000 Summary File 3 (SF 3) U.S. Census Bureau (2007). “State and county quick facts.”

Over Arching Issues of the Intersection between migration and child welfare Lack of sufficient research / shared knowledge / guiding principles Small number of cases Complexity of cases Unprepared professionals Families caught between systems Questions of professionals unanswered Lack of common definitions across disciplines No funding sources

Selected Priority Issues 1.The need for an integration of services to immigrant families into the overall child welfare service delivery system (multi-systemic response) 2.The lack of reliable data on immigrant children and their families in the child welfare system, and how this gap is preventing policies and practice changes in child welfare. 3.The lack of culturally relevant services and inadequate responses to the differing cultural norms of child rearing practices and the over representation of children of color in care.

Part I Discussion

Part II The Policy Framework An Overview

Policy Framework –Guiding Policy Principles –Review of Existing Laws Addressing Immigrant Children –Resources

Guidelines 12 Child immigrant-sensitive areas of federal and state child welfare law and policy 1. References to immigrant children, including unaccompanied minors 2. References to immigrant parents, documented and undocumented 3. References to children or families being in U.S. under refugee or asylum status

Guidelines 12 Child immigrant-sensitive areas of federal and state child welfare law and policy 4. References to child/family’s immigration status confidentiality/non-disclosure 5. References to “Special Immigrant Juvenile Status” 6. References to child and protective parent eligibility for special VAWA protections

Guidelines 12 Child immigrant-sensitive areas of federal and state child welfare law and policy 7. References to agency contacts with child and family’s national consulate, when child is taken into custody 8. References to foster care or kinship care placement of child with relatives, documented or undocumented, in U.S. or elsewhere

Guidelines 12 Child immigrant-sensitive areas of federal and state child welfare law and policy 9. References to child trafficking victims or child victims of serious crimes (T and U visa issues) 10. References to language & nationality determinations and provision of language-appropriate & culturally- appropriate services

Guidelines 12 Child immigrant-sensitive areas of federal and state child welfare law and policy 11.References to process of checking on safety and suitability of possible return of child to another country (i.e., out-of-country home studies) 12. References relating to referral of immigrant children and families for legal services programs or immigration attorneys

Review of Existing Laws and Policies Federal models for intervention State / local laws and policies addressing immigrant children National and international laws

Resources Consular Services Memoranda of Understanding

A Transnational Resource: Memorandum of Understanding IL DCFS and Consulate of Mexico in Chicago For Mexico Access to children Protect rights of parents Ensure culturally consistent environment For IL DCFS Help protecting children’s future rights (e.g. birth certificates) Help with Special Immigrant Juvenile Status Enforcing Burgos Consent Decree (culturally consistent environment) Other Examples of Existing MOUs Santa Clara, Sacramento, and Monterrey Counties in California Source: American Bar Association Latin America & Caribbean Law Initiative Council

Consular Services of Mexico in the U.S. 19 Consulate Generals 27 Consulates Embassy & Consular Section Services include: Protection, documentation, political and social relations (health, education, benefits, community relations, etc.) Source: American Bar Association Latin America & Caribbean Law Initiative Council Other Foreign Consulates are also developing similar protocols

Part III Promising Approaches

Impact of Migration, Acculturation and Family Status Different statuses carry varied entitlements to benefits, services, and legal rights. Legal status can present a challenge to family well being. It structures the immigration experience (e.g. the journey, pattern of migrations, household structure, economic opportunities, educational opportunities, the ability to maintain family ties, and the shaping of family dynamics.)

Culturally responsive practice with immigrants and refugees requires that child welfare professionals understand the impact of migration and acculturation has on each family and how these experiences have contributed to their child welfare involvement. An immigrant family’s status is a critical aspect of their reception and eligibility for needed services during their period of resettlement. Impact of Migration, Acculturation and Family Status

Interaction with Recently Revised Immigration and Naturalization Services Revised Structure A) Bureau of Citizenship and Immigration Services B) Bureau of Immigration and Customs Enforcement C) Bureau of Customs and Border Protection Toll Free number for US Citizenship and Immigration Services:

Policies Recommended to Child Welfare Agencies to Address Immigration Issues 1) Fiscal claiming and considerations 2)Services to new immigrant populations, including policies regarding relevant bilingual and multi- cultural matters 3)Family assessments – locally, regionally, transnationally 4)Information sharing with partner agencies – placement and licensing guidelines

Agency Strategies To Respond to Immigrant and Agency Needs Integration with: Overall child welfare service delivery system Disaster relief Refugee resettlement Adoptions

Collaboration with ECBOs Ethnic Community- Based Organization Interpretation Translation Cultural Consultations Indigenous problem-solving strategies Cross- Training Alternative / Family Preservation Services Foster Families Reunification Plan Support Morland/BRYCS (2006)

Migration and Child Welfare National Network Part IV Emerging Issues on the Intersect of Migration and Child Welfare

Emerging Issues: Policy / Advocacy There is a lack of consistent policies in child welfare agencies addressing the needs of immigrant children and families. Existing state and federal policies create barriers to effective service delivery. State and federal policies, combined with anti-immigrant sentiment, have resulted in families who are fearful of accessing benefits. There is a need for policy development concerning child welfare systems’ response to mixed status families and to separated and unaccompanied immigrant children.

Emerging Issues: Collaboration There is a need for cross-systems collaboration between child welfare agencies and those working with and on behalf of immigrant populations. There is a lack of bilingual and bicultural service providers that can effectively respond to the needs of immigrant children and families. There is a lack of engagement between child welfare agencies and immigrant communities. There is a lack of collaboration between the U.S., Mexico, and other Latin American countries.

Emerging Issues: Research Data are not available on the number of immigrant children and families involved in the child welfare system. There is a lack of research that provides information on the unique needs of immigrant children and families in the child welfare system. There is a lack of research that provides information on effective, empirically-based practices with immigrant children and families in the child welfare system.

Network and Committees Policy Funding issues State innovations Action alerts Research Current state of practice Best practice guidelines Demonstration projects National Advocacy Publications Conferences Presentations Resource sharing Best Practice Indicators of good practice Training materials and resources Positive examples of collaboration Values that drive practice Transnational Consular relations Home studies overseas Reunification Public awareness of transnational scope

Questions?