Children Lost from Families in Immigration

 This guest post is courtesy of Sally Glanzer, Regent Law 2L:

One of the pressing issues in navigating immigration policies is how children are impacted by the detention and deportation process. Both when families are processed at the border or during deportation proceedings, families are tragically often separated. Red tape, conflicting court orders, or immigration policies have resulted in families being separated from each other. As a result, there have been reports of “lost” children with some estimated numbers of 300,000 children missing from the system. These reports have been seen in each administration, so keeping track and ensuring safety for children when they are separated from their parents has been a consistent issue.

In 2018, an immigration regulation entitled the “Zero Policy” act greatly increased the separation of parents and children. Under this strict immigration policy, parents were prosecuted under the “improper entry” while simultaneously treating children as unaccompanied minors. The parents and children were transferred to different departments, and as a result, children and parents were navigating the immigration system separated from each other.  Although this process was eventually halted because of the harm it was causing to the children, it still had a lasting impact on those families.

Under the next administration, there were reports of an estimated number of 300,000 children that were “lost” in the system. It is important to note that these numbers primarily reflect children whose address is unknown, who missed court dates, or possibly never received notice. But these children that are lost both on paper and physically is evidence of a clear lack of organization and the increased risk of trafficking and danger that these children face in a system that overwhelms them.

Regardless of the administration in power at any time, immigration reform has become a pressing concern at the hearts of many Americans. At its core, we must ensure that our policies are protecting the most vulnerable. Families need to be reunited and kept together as they navigate the immigration system. These “lost” children are significantly at risk for trafficking in a confusing system full of adults. Whether Congress enacts laws or Homeland Security operations change, immigration reform should prioritize the best interests of the child and family reunification. That advances family restoration.