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Fact check: Are there documented cases of ICE removing children from foster families?

Checked on June 11, 2025

1. Summary of the results

There are documented cases of ICE's involvement with children in foster care, but the situations are complex and varied. A clear example involves a 17-year-old named Henry who was forcibly removed from his foster home in Pensacola, Florida, despite state regulations protecting children regardless of immigration status [1]. However, ICE presents a contrasting narrative, stating that in some cases, parents voluntarily chose to take their children with them during deportation rather than leaving them in foster care [2].

2. Missing context/alternative viewpoints

Several important contextual elements need to be considered:

  • ICE's actions appear to be part of a broader policy targeting migrant families with children, including unaccompanied minors [3]
  • There are cases of ICE placing children into foster care after separating them from their parents, as demonstrated by the case of two-year-old Maikelys Antonella Espinoza Bernal [4]
  • State-level protections exist, such as the 30-year-old Florida Department of Children and Families rule that prohibits workers from acting on a child's immigration status [1]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex issue where multiple stakeholders present conflicting narratives:

  • Law Enforcement Perspective: ICE and DHS justify their actions by citing criminal allegations against parents [4] and emphasizing voluntary departures [2]
  • Child Welfare Perspective: State agencies have established protections for children regardless of immigration status [1]
  • Family Perspective: Families dispute criminal allegations used to justify separations [4]

Those benefiting from stricter enforcement (law enforcement agencies, private detention facilities) tend to emphasize voluntary departures and criminal justifications, while child welfare advocates and immigrant rights organizations benefit from highlighting forced separations and violations of state protections.

Want to dive deeper?
What legal authority does ICE have to remove children from foster care?
How many undocumented children are currently in the US foster care system?
What happens to children when ICE removes them from foster families?
Are there legal protections for undocumented children in foster care?
How do immigration enforcement policies affect child welfare services?