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- Title
Ice Ice Baby: The De Facto Termination of Parental Rights by an Enforcement Agency.
- Authors
Raffington, Trishawn
- Abstract
The current administration's zero tolerance stance on illegal immigration has resulted in the separation of thousands of families and the de facto termination of parental rights. While undocumented parents were always at risk of detainment, expanded immigration enforcement under the Trump administration has greatly increased that risk. Detainment has directly and indirectly resulted in the prolonged separation of parents from their children. This Note proposes a Department of Homeland Security Regulation that will require ICE to use the least restrictive methods to achieve its goals while emphasizing efforts to keep families together. Key Points for the Family Court Community: There are approximately six million U.S. Citizens who are minors that live with an illegal immigrant family member.If undocumented parents do not designate a suitable legal guardian, their children may be placed in foster care.President Trump's immigration enforcement policies are likely to result in more children being placed into child welfare care and, as a result, more parents losing their parental rights.State family courts are terminating parental rights solely on the basis of their undocumented status.
- Subjects
UNITED States; DE facto doctrine; PARENT-child legal relationship; UNDOCUMENTED immigrants; FAMILY law courts; CHILD welfare
- Publication
Family Court Review, 2020, Vol 58, Issue 1, p243
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1111/fcre.12463