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Fact check: What is the process for ICE to remove a child from a foster family?

Checked on June 25, 2025

1. Summary of the results

The analyses reveal that there is no standardized, clearly documented process for ICE to remove children from foster families outlined in the available sources. However, the sources do provide insight into how such removals can occur in practice.

ICE conducts welfare checks through Homeland Security Investigations special agents to assess whether unaccompanied alien children are receiving appropriate care and are not being trafficked, exploited, or abused [1]. These welfare checks appear to be part of ICE's broader child protection efforts.

The most concrete example of the removal process comes from a specific case in Florida where a 17-year-old Honduran boy was removed from a foster home by ICE agents after Florida's child protection agency alerted them [2]. This case demonstrates that state child welfare agencies can trigger ICE involvement, leading to removal of children from foster care.

2. Missing context/alternative viewpoints

The original question lacks crucial context about the controversial nature of ICE removing children from foster families. Child welfare advocates strongly oppose such practices, with organizations like the Young Center condemning the reporting of foster children to ICE [3].

A critical missing element is the existence of a 30-year-old agency rule that prohibits child protection agencies from reporting children to immigration enforcement [3]. This suggests that the Florida case may represent a departure from established policy rather than standard procedure.

The analyses also reveal that child protection agencies engaging in immigration enforcement jeopardizes the safety and well-being of children [3]. This perspective emphasizes that such removals may actually harm the children they purport to protect.

Additionally, the sources indicate that the Florida case may represent a shift in policy that could lead to more such removals [2], suggesting this is an evolving area of enforcement rather than an established process.

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it simply asks about a process. However, the framing assumes that there is a standard, established process for ICE to remove children from foster families, when the evidence suggests this is actually an exceptional and controversial practice.

The question may inadvertently normalize what appears to be a departure from established child welfare protocols. The sources indicate that such removals violate long-standing rules designed to protect children [3] and that they represent a concerning shift that could hinder efforts to protect children in immigrant communities [2].

The absence of clear procedural documentation in official ICE sources, combined with the strong criticism from child welfare advocates, suggests that this practice may be more ad hoc and policy-driven rather than following established legal procedures designed to protect children's best interests.

Want to dive deeper?
What are the grounds for ICE to remove a child from a foster family?
How does ICE determine the best interests of a child in foster care during removal proceedings?
What role do foster parents play in ICE removal proceedings involving a child?
What are the rights of a child during ICE removal from a foster family?
Can a foster family appeal an ICE decision to remove a child from their care?