Exiling Children, Creating Orphans: When Immigration Policies Hurt Citizens

Luis H. Zayas and Mollie H. Bradlee

Deportation of immigrant, undocumented parents of citizen-children born in the United States is a practice that has caused the separation of families and a variety of negative effects on the children. An estimated 4.5 to 5.5 million children of undocumented parents are citizens of the United States. This article explores the impact of detention and deportation of parents on the health, mental health, and developmental trajectories of citizen-children and argues for reforms in policy and practice that will adhere to the highest standards of child welfare practice. In removal proceedings, parents must often decide to leave their citizen-children behind in the care of others or take them to a country the child may have never known, which turns these children into "exiles and orphans." Parents often lose their parental rights, especially in case of deportation, when they are not in a position to learn about the care plans for their children and appeal or have regular contact with their children. 

There have been several emblematic court cases demonstrating the controversies: forced separation of children from their parents, denial of education or health care, arrest and detention of the parents, and placement of the children into foster care. The authors urge that immigration law and policies should explicitly refer to the "best interests" of the child principle, ensuring the child's access to the detained parent and supporting family reunification.