This resource provides guidance on how to navigate seven different scenarios in which children and their families may benefit from support services but face intersecting immigration and child welfare legal challenges. The analysis informs not only child welfare professionals including case workers, attorneys, and judges, but also immigration law professionals whose clients may interact with the state child welfare system. Understanding the complexities that arise when families interact with both systems is a critical step in better advocacy for and support of immigrant children and families.
Seven distinct scenarios are explored:
- Case 1: A child who lacks immigration status is experiencing abuse in the home by a nonparent.
- Case 2: A mother who lacks immigration status is detained by immigration enforcement authorities and fears separation from her son, who was born in Guatemala, and her U.S. citizen daughter.
- Case 3: A child who arrived in the United States as an unaccompanied minor becomes homeless after his sponsor placement with relatives falls through.
- Case 4: A child who lacks immigration status suffers from neglect at home while residing with his father, who also lacks status.
- Case 5: The mother of a U.S. citizen child is held in immigration detention and faces possible deportation from the United States.
- Case 6: A father in a foreign country seeks reunification with his child after the baby is removed from his mother in the United States.
- Case 7: A mother with deferred action experiences domestic violence in her home but is scared to contact authorities.
Advisory Revised Feb 2022: How Will ‘Public Charge’ Proposed Policy Changes Impact Immigrant Survivors of Domestic Violence and Sexual Assault?
The Department of Homeland Security (DHS) is proposing a new rule that put longstanding policy about the meaning and application of the “public charge” provisions of immigration law into regulation form. This advisory describes provisions under this new proposed rule and how it will impact immigrant survivors of violence, particularly in light of the pandemic.
The Impact of New Proposed Public Charge Rules on Immigrant Survivors of Domestic Violence, Sexual Assault, and Human Trafficking, 2022
The Department of Homeland Security has posted a draft public charge proposed rule to update regulations that guide officials in determining when people seeking entry to or permanent status in the US can be denied, because they are determined to be likely to become a “public charge.” Come join us for a webinar to get an overview of the proposal, to learn about how the proposal impacts immigrant survivors of domestic violence, sexual assault, and human trafficking, and how the experiences of survivors can impact the final rule.
Advisory: How Do Recent HUD Proposed Rules About Verification of Immigration Status Impact Survivors of Domestic & Sexual Assault?
The Department of Housing and Urban Development (HUD) proposed regulations that change longstanding policy relating to immigration status verification requirements and disallowing those ineligible for federal housing assistance (i.e., members of “mixed-status” households) from residing in HUD’s public and specified assisted housing programs. This advisory describes impacts of the proposed rule on immigrant survivors of violence
By ABA Center on Children and the Law