Disappearing Parents: Immigration Enforcement and the Child Welfare System
University of Arizona - James E. Rogers College of Law
July 15, 2011
Connecticut Law Review, Vol. 44, No. 1, 2011
Arizona Legal Studies Discussion Paper No. 11-26
This article presents original empirical research that documents systemic failures of the federal immigration enforcement and state child welfare systems when immigrant parents in detention and deportation proceedings have children in state custody. The intertwined but uncoordinated workings of the federal and state systems result in severe family disruptions and raise concerns regarding parental rights of constitutional magnitude. I document this phenomenon in two ways. First, I present an "anatomy of a deportation," providing a case study of an actual parent whose detention and eventual deportation has separated her from her four young children for over two years and threatens her with the permanent termination of her parental rights. Next, I present the results of empirical research I conducted of child welfare personnel to demonstrate that the case study is not an isolated occurrence. On the contrary, my analysis of the results of over 50 surveys and 20 interviews with attorneys, caseworkers, and judges in the juvenile court system in one Arizona county makes clear the concerns identified in the case study occur with alarming frequency. The analysis section of the paper provides a discussion of the constitutional and structural concerns raised by the case study and data presented. Finally, the article concludes with reforms that could be adopted by Immigration and Customs Enforcement, child protective services agencies, and Congress to address the systemic failures described.
Number of Pages in PDF File: 82
Keywords: immigration, child welfare, parental rights, detention, deportationAccepted Paper Series
Date posted: April 6, 2011 ; Last revised: August 5, 2011
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