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Crossroads: The Intersection of Immigrant Enforcement and the Child Welfare System
Author(s) -
Hidalgo Rosie
Publication year - 2013
Publication title -
juvenile and family court journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.155
H-Index - 19
eISSN - 1755-6988
pISSN - 0161-7109
DOI - 10.1111/jfcj.12010
Subject(s) - aunt , immigration , foster care , criminology , enforcement , foster parents , jurisdiction , law enforcement , political science , law , psychology
D iana's children were placed in foster care when they were one‐ and three‐year‐olds. Their mother was arrested when she fought back to defend herself against an attack by her abusive boyfriend, T homas. T homas assaulted her in her apartment when she tried to end their relationship. A neighbor heard screams and called the police. When officers arrived, T homas told his version of the events, but D iana was not able to communicate with the officers, since they did not speak S panish and did not obtain the assistance of interpreters. The officers saw scratches on T homas and a possible bite mark, in addition to bruises and scratches on D iana, arrested both of them, and called Child Protective Services ( CPS ) to take the children. Immigration and Customs Enforcement ( ICE ) soon issued a detainer when they obtained a copy of D iana's fingerprints through the Secure Communities program in effect in her local jurisdiction. Upon further review of the circumstances, the prosecutor decided to drop the charges against D iana; however, ICE took custody of her. She was subsequently transferred to a different immigrant detention center 300 miles away. The CPS caseworker placed D iana's children in temporary foster care with foster parents who did not speak S panish, instead of with a willing aunt who had undocumented immigration status. D iana's children, born in the U nited S tates, are U . S . citizens. As the months passed, the children were no longer learning S panish. The children did not visit with or talk with their mother for over six months because the CPS caseworker was unsure of D iana's whereabouts and how to communicate with her, despite that the original case plan called for reunification. As a result, the goal of the case plan was revised to pursue the termination of parental rights instead of family reunification.