An Overview of Policy Issues Facing Immigrant Families in the Foster Care System

1. An Overview of Policy Issues Facing Immigrant Families in the Foster Care System PRESENTATION BY: Yali Lincroft, MBA, Policy Consultant for First Focus Campaign for Children, yalil@firstfocus.net Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

2. About First Focus A bipartisan advocacy organization dedicated to making children and families a priority in federal policy and budget decisions located in Washington DC. Policy areas include children’s health, child welfare, early childhood, immigrant children, education, tax and budget policy, family economics. In Jan 2012, Annie E. Casey Foundation partnered with First Focus to establish the State Policy Advocacy and Reform Center (SPARC) Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

3. Immigration Policy Trends Increasing anti-immigrant hostilities in work, school, home e-verification education access to k-12/higher education Arizona copycat legislation in Georgia, Alabama, Mississippi, and Missouri with more to come Legislation to deny child tax credit and food stamp benefits for US born children of undocumented immigrants, services for pregnant women Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

4. Deportation Trends • Highest number of deportations in US history (about 400,000 a year in 2011) • SECURE Communities: interacting with law enforcement can lead to deportation • ICE new report shows that from Jan 1 – June 30, 2011, ICE removed 46,486 undocumented parents who claimed to have at last one US citizen children • “Shattered Families” report by Applied Research Center showed over 5,100 children in foster care as a result of parental detention Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

5. Political Battles … Obama administration at odds with many states in their strict new immigration laws (such as Alabama and Georgia), with federal lawsuits in South Carolina and Arizona. Both DHS Secretary Janet Napolitano and President Obama has criticized Congress for failing to pass DREAM Act last year. Republican frontrunner Romney vowed to veto any DREAM Act, while both he and Gingrich would like to limit it’s scope to military service-only. Florida legislator Rubio introducing another DREAM act bill. Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

6. Immigrants in the Foster Care System • About 23% of children in the US have at least one foreign born parent • About 8.6% of all children who come into the foster care system are children of immigrants (the majority, 4 out 5 are US citizens) • When a child is in the foster care system, services are covered by state/federal system but problem arise when social worker wants to reunify the child and the family is not eligible Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

7. Problems with Immigrants Accessing Services Lack of bilingual/bicultural staff Confusion re application process “Public charge” fear including liability for family sponsors Cross-reporting to immigrant officials leading to deportation Obstacles to placement and licensing with relative caregivers Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

8. Four Primary Immigration Categories US citizens (born or naturalized, derivate citizenship) Legal permanent resident (i.e. “green card”) Temporary visas Undocumented immigrant Restrictions facing certain classes of immigrants from receiving publicly funded services Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

9. Issues Affecting Access to Services 1996 welfare laws created two categories of immigrants • “qualified immigrants” include legal permanent resident, refugee/asylum, paroles, certain battered spouses, children, victims of trafficking • All other immigrants, including undocumented are considered “not qualified” Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

10. Mixed Status Families Most immigrant families are “mixed” immigration status (i.e. parents and older siblings may be undocumented or legal permanent resident and the younger children are US citizens). Even more complicated is that most immigrant households include extended families. Although the child client may be eligible for services, the family may choose not to apply for fear of implicating a noncitizen family member. Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

11. “Public Charge” “Public charge” is defined as individual likely to become primarily dependent on government assistance which can impact application for family sponsorships. Immigrants are barred from receiving help from any federal safety-net programs for the first five years that they are in the U.S. but may be eligible for some state or county programs. Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

12. Recommendations for Service Providers • IMMIG LEGAL ORGANIZATION can help educate staff about immigration categories and potential relief options (like SIJS, VAWA, T, derivative citizenship) for your clients • BECOME EDUCATED ABOUT ELIGIBILTY rules for support programs like Migrant Head Start, Victim Witness, Violence of Crime Assistance, WIC, EPDST and programs which immigration status is not considered for eligiblity for services Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

13. Federal and State Legislation Addressing Immigration Detention and Child Welfare Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

14. Immigrant Parents in Detention Challenges facing immigrant parents in detention include: • trauma exposure to children at time of arrest; abandonment of children; children coming home to empty homes • difficulty in locating and staying in communication during detention • logistical challenges at deportation • immigration judges have no discretion to consider the adverse impact of parental deportation on US citizen children Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

15. HELP Separated Children (Sen Franken, S 1399) • Access to free, confidential phone calls for parents and guardians to make care arrangements for their children and throughout the immigration process. • Collaboration between ICE and child welfare agencies to ensure that parents have regular contact with their children and are able to meaningfully participate in family court proceedings, including the ability to make arrangements to bring children with them to their country of origin if they so choose. • Consideration of the best interest of children in all decisions regarding the detention, release, and transfer of a parent or guardian. Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

16. Foster Children Opportunities Act (Rep Stark, HR 3333) • Screens all children for SIJS and other immigration relief options before they exit care. • Provides needed technical assistance to child welfare agencies and resources to train judges, attorneys and other legal workers to ensure they are aware of these options and of how to take advantage of appropriate relief . • Clarifies that a state can obtain reimbursement for the foster care costs of a child once the child obtains SIJS status and ensures that children who receive SIJS are exempted from the 5 year ban placed on receiving Federal means-tested public benefits. Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

17. CA Senate Bill 1064 (de León) • Authorize the court to provide an extension in the family reunification period • Prohibit the use of immigration status as a disqualifying factor in evaluating placement of a child with a relative. Authorize use of a relative’s foreign consulate id card or passport to be used to initiate criminal records or fingerprint clearance • Require CDSS to provide guidance to social workers on referring children eligible for immigration relief options like Special Immigrant Juvenile Status to receive assistance in acquiring protective status • Require CDSS to provide guidance to counties to establish MOUs with appropriate foreign consulates in child custody cases Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

18. FOR MORE INFORMATION: Resources for Policymakers FIRST FOCUS & MCWNN/Caught Between Systems – The Intersection of Immigration and Child Welfare Systems, First Focus Policy Briefs (4 policy briefs and a fact sheet) http://firstfocus.net/library/reports/caught-between-systems-the-intersection-of-immigration-and-child-welfare-policies The National Immigration Law Center (www.nilc.org and the National Health Law Program (www.healthlaw.org) Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)

19. FOR MORE INFORMATION: Resources for Social Workers ANNIE E CASEY FOUNDATION/When a Parent is Incarcerated – A Primer for Social Worker (See Chapter 4 on immigrant parents) http://www.aecf.org/KnowledgeCenter/ChildWelfarePermanence.aspx NATIONAL ASSOCIATION OF SOCIAL WORKERS – CA/The Intersection of Immigration Law, Its Enforcement, and Social Work Practice (2 CEU Units – Free) http://www.socialworkweb.com/nasw/choose/free.cfm Foster Family Based Treatment Association – Public Policy Institute (May 7-8, 2012, Sheraton Crystal City)