1. Michelle Brane Women’s Refugee Commission Impacts of Trump Immigration Enforcement Executive Orders on Children and Families and Parental Interest Issues
The WRC is a research and advocacy organization that works to improve the lives and protect the rights of women, children and youth displaced by conflict and crisis
First became aware of the issues we’re discussing today while conducting research on immigration detention conditions; women began to tell us that they didn’t know where their children were (and, in fact, would accept their deportation if they could ensure that their children are safe)
We have created tools and resources to help parents make a safety plan and help those who work with them take steps to increase the likelihood of family reunification at the end of an immigration case

2. Overview of Presentation
How are the EOS playing out now in Context of Immigration enforcement and Child Welfare
Existing DHS policies and procedures affecting family unity – Parental Interest Directive
Safety Planning
Interventions and Resources
Just to give you a quick sense of the topics I am going to discuss in the next few minutes

3. Key Federal Agencies U.S. Customs and Border Protection (CBP)
U.S. Immigration and Customs Enforcement (ICE)
U.S. Citizenship and Immigration Services (USCIS)
HHS Office of Refugee Resettlement (ORR)
I know we have varying levels of knowledge about the immigration system writ large and immigration enforcement on this call, so I wanted to start by providing some quick baseline knowledge of the actors and processes that most often effect children and families
CBP – responsible for apprehensions at the border and overall border security; you may encounter families who were apprehended by CBP and released into the interior; it’s possible that some family members may be in immigration detention while others are not; be aware that USC children you serve may have had the experience of being apprehended by CBP if they left the country with undocumented parents who later returned (can be very traumatic)
ICE – carries out enforcement actions in the interior, often with the cooperation of state and local law enforcement; they are also charged with immigration detention and removal (deportation); if an immigration enforcement actions takes place in your area it was most likely conducted by ICE; if a parent is taken into custody they are most likely in an ICE detention center
USCIS – adjudicates affirmative applications for immigration benefits; you may hear their name mentioned in the context of Special Immigrant Juvenile Status
ORR – agency of HHS; provides care and custody for unaccompanied children; some of the children you serve may have been in ORR custody and later reunified with family (most often children from Central American apprehended along the border and seeking protection)

4. DHS Ramping Up Enforcement
No priorities means everyone at risk
Fear is large part of the strategy
Ripple effect on children and communities
Children/parents afraid to go to schools
Families afraid to access benefits/services
Victims afraid to report crimes

5. What Does Interior Enforcement Look Like and how does it affect child safety and custody?
Fugitive operations (home raids; operations near schools)
Worksite raids
CBP traffic stops
Cooperation with local and state law enforcement (287(g) and Secure Communities)
Interior enforcement can play out in many different ways….fugitive op, worksite raids, CBP traffic stops, cooperation with states and localities
Currently, we are seeing mostly fugitive operations (including in homes and near schools) and CBP stops – mostly targeting those who have been previously removed
ICE time of apprehension protocols designed to minimize child endangerment and trauma to children are in flux; worksite raids involving 25 or more people; fugitive operations guidance directs ICE agents to call CBP or local police and only allows a parent to make a care arrangement of their choosing if those options are not feasible (we hope this will change - but currently there is little clarity around existing guidance)
As a result of these actions and the lack of child safety protocols we see children left behind without a caregiver as well as significant impact on children’s overall well-being;
Research by Urban Institute and MPI (Facing Our Future, Feb. 2010) found that children who witness their parent’s arrest are more likely to experience long-term mental health impacts, school disruptions, housing instability, food hardship and economic insecurity; families may be struggling with whether to leave the US or split up the family so some members (often USC children) can stay in the US
Important to be mindful of and attentive to the possibility of these patterns in the children you serve – particularly if there have been recent immigration enforcement actions in your community; children can be affected by widespread sense of insecurity and fear even if their family was not directly affected

6. What Happens When A Person is Apprehended by ICE?
Sent to immigration detention (facilities nationwide)
No opportunity to make childcare arrangements
Those with prior deportations can be deported rapidly without judicial review
Child at risk, may lose custody or be unable to reunite
Particularly in the case of individuals who were previously deported, the timeline from apprehension by ICE to deportation can be as short as 36 hours
Others, like those who ask for asylum (protection) can stay in detention for years; children can be separated from their parents for many different reasons and the parent may or may not be in the US

7. Existing ICE Family Unity Policies and Procedures
Prosecutorial Discretion (narrowed but exists)
ICE Sensitive Locations Memo
Stipulated locations include pre-schools, primary schools, childcare and early education programs
Transfer Memo
Limits ICE transfers away from attorneys and family
Under the Obama Administration, ICE took steps to reduce the risk of collateral consequences on children
The policies I am going to flag here remain officially in effect and have not changed. However, ICE is not always complying with them or is seeking to bend their contours in a way that allows the agency to make more arrests
Under Prosecutorial Discretion, ICE agents were directed to prioritize the use of their resources to detain and remove certain categories including persons with criminal convictions and those who failed to leave the country after being ordered deported; PD still exists but it is no longer being applied to whole categories of people like parents of minor children; but ICE can still release a parent to prevent harm to children
ICE Sensitive Locations memo remains in effect; it directs ICE personnel to avoid arrests at certain “sensitive locations” including churches, schools, childcare programs; agency is getting around this limitation by conducting arrests close to schools but no on school grounds (CA case where daughter filmed her father’s arrest); childcare and early education programs should be reviewing their safety protocols and seeking legal input as needed to know their rights and responsibilities should ICE attempt to arrest a person on your property
CLASP will follow-up with Department of Education fact sheet on sensitive locations

8. ICE Parental Interests Directive
Facilitates parents’ ability to maintain relationship with children, esp. those in child welfare custody
Can help parents:
Remain near children
Participate in reunification plans and court
Reunite at conclusion of case
Certain provisions (discretion and parole) are rescinded but still part of immigration law
ICE PI Directive was put in place to ensure that parents who are dually involved with the immigration and child welfare systems can maintain a relationship with their children, comply with a reunification case plan and participate in court proceedings affecting their parental rights
PID is officially still in effect; however it is being modified as a result of the EOs with prosecutorial discretion and language on granting a deported parent temporary humanitarian parole to return to the US to attend a TPR hearing likely to be removed
We are encouraging people to use the PID and to document how it is (or is not) being complied with
The utility of the PID depend on the willingness of parents to tell ICE they have children; we used to recommend this course of action however, recently, we cannot counsel that an individual tell ICE about a child if they or their caregiver is undocumented

9. Safety Planning MAKE A PLAN
Think about who will care for children if mom or dad are detained. Will they stay or go?
Power of attorney is not always the answer and not always necessary.
Gather documents and make wishes clear – regarding school, medical issues etc.

10. Critical documents Passports Registration with home country
School documents
Stamped/original birth certificate
Medical/vaccination records
Scan, make copies, ensure all relevant people have copies

11. Emergency planning
Ensure school/neighbors/friends/ etc have information on who to call and what to do with children if mom or dad are detained. I – telephone numbers, relationship etc.
Attorney info – A#, name and place of birth
Memorize key info – attorney #, caretaker# etc.
Inform children of plan

12. Julie Plavsic: Julie.Plavsic@ice.dhs.gov
What Can You Do To Help?
If a US Citizen child is affected by a parent’s detention:
ICE Detention Reporting & Info Line:
ICE Parental Interests (Put parental interests in subject line)
Direct emergency cases to the ICE Parental Interests Coordinator
Julie Plavsic:
Elisa will talk a lot more about safety planning and ways to support children and families
I wanted to leave you with some topline suggestions if you find that a child is being adversely affected by a parent’s detention; caveat this with the caution that our advice differs depending on the status of the child!!!
he rumored EO on public benefits has not been signed (have been leaks of reported drafts); in the absence of a signed EO, current policies regarding immigrant eligibility for public benefits remain the same
If a child is a USC……

13. Let us know: laurenb@wrcommission.org
identifying details will remain confidential Name, A#, contract info for parent
State of residence and of apprehension
Number of children, names and ages
Contact info for caretaker or case manager or children
Summary of what happened
Are they willing to speak to the press?

14. Important Consideration
If a child or the person caring for them is undocumented, do not contact ICE. Doing so may put the child or their caregiver at risk Refer family to an immigration attorney:

15. Resources for Educators, Advocates and Allies
WRC’s Make A Plan: Migrant Parents’ Guide to Preventing Family Separation
WRC Parental Rights Toolkit: Detained or Deported: What About My Children?
Add’l resources for attorneys, social workers, educators, and parents in development
I wanted to close by directing you specifically to some materials on the WRC website that may be useful to you:
Safety Planning 2 pager (for families who fear involvement with ICE)
Toolkit: most useful for those trying to help parents navigate detention and child welfare concerns
Materials are being updated and additional resources are under development – please check back

16. For more information:
Emily Butera Sr. Program Officer, Migrant Rights & Justice Women’s Refugee Commission Or me at Michelle Brane

17. womensrefugeecommission.org