1. 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

2. 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:

3. 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

4. Families without Borders

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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

11. Navigating Transition/ Reunification
Considerations When Placing a Child in Another Country -
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

12. Solutions and Best Practices for Collaborative Success

13. 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

14. How to Search for a Parent In Immigration Detention
ICE Online Detainee Locator System (ODLS):
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
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

15. 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: 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:
(list of ICE Field Offices)
If Field Office is unresponsive or unwilling to help, move to step 2
2. ICE Headquarters:

16. 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

17. Additional Resources
IMUMI Brief Guide to Supporting Mexican Transnational Families
(English)
(Spanish)
Women’s Refugee Commission Resources for Families Facing Deportation and Separation
Available at:
Detained or Deported: What about my children:
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
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“)

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