Lack of Detained Parents' Access to the Family Justice System and the Unjust Severance of the Parent-Child Relationship

Abstract

Immigration law enforcement has numerous intended and unintended consequences for immigrant families. When a parent is detained as a result of immigration enforcement activities, their ability to access to the family justice system is limited and there are few, if any, due process protections afforded to them. As a result, it is now well-documented that children of detained parents have been separated from their families and placed into the child welfare system at an alarming rate, despite the desire of the parents to be reunited with their children. This article addresses the United States government's legal obligation to offer immigrant detainee parents (and their children) access to, and meaningful participation in, family court proceedings affecting the parent-child relationship.

Keywords: immigration, family, due process, children, parents, detention