Fact check: What legal authority does ICE have to remove children from foster care?

1. Summary of the results

ICE's legal authority regarding children in foster care stems from multiple sources and is subject to specific limitations:

• The Homeland Security Act of 2002 and Trafficking Victims Protection Reauthorization Act of 2008 grant ICE authority to remove children who are in the country illegally ^[1]
• ICE has internal policies (Directive 11064.3) governing parent-child relationships during immigration proceedings, but these do not create legally enforceable rights and can be modified at any time ^[2]
• The Department of Health and Human Services, not ICE directly, is required to assume custody of unaccompanied alien children ^[1]

2. Missing context/alternative viewpoints

Several crucial aspects are not addressed in the original question:

• ICE's authority is part of a larger system involving multiple agencies, particularly the Office of Refugee Resettlement and Department of Health and Human Services ^[1]
• Current operations are focusing on detaining migrant families with children, including those who entered unaccompanied and were released without court dates ^[3]
• There are specific provisions designed to protect parental rights during immigration proceedings, including:

Maintaining visitation rights

Allowing parents to coordinate child care

• Enabling participation in welfare proceedings ^[2]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal framework:

• It assumes ICE operates independently, when in reality it works within a broader system of federal agencies ^[1]
• It doesn't acknowledge the distinction between ICE's enforcement authority and the actual custody arrangements handled by Health and Human Services ^[1]
• It overlooks the fact that while ICE has broad enforcement powers, there are internal policies designed to protect family relationships during immigration proceedings ^[2]

Those who benefit from emphasizing ICE's direct authority include:

• Immigration enforcement advocates seeking expanded powers
• Political groups using immigration enforcement as a campaign issue

Those who benefit from emphasizing limitations include:

• Child welfare organizations
• Immigrant rights groups
• Family advocacy organizations