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Fact check: What are ICE's policies regarding undocumented children in the foster care system?

Checked on June 11, 2025

1. Summary of the results

ICE's current policies regarding undocumented children represent a significant shift in enforcement strategy, implementing a four-phase initiative called "Unaccompanied Alien Children Joint Initiative Field Implementation" [1]. The policy involves:

  • Categorizing children into three groups based on "flight risk," "public safety," and "border security" [2]
  • Conducting welfare checks to verify living conditions and school attendance [3]
  • Transferring children to the Office of Refugee Resettlement's custody [3]
  • Actively pursuing deportation of unaccompanied minors, marking a departure from previous focus on adult offenders [1]

2. Missing context/alternative viewpoints

Several crucial contextual elements are missing from the original question:

  • Scale of the Issue: As of 2011, over 5.8 million citizen-children had undocumented parents, with at least 5,100 children in foster care due to parental detention or deportation [4]
  • Institutional Impact: According to Foster America's Sherry Lachman, most affected children are placed in institutional facilities, which are described as "inherently damaging" [5]
  • Historical Context: A 2013 ICE policy directive attempted to protect parental interests during immigration enforcement, but its effectiveness has been limited [4]
  • Humanitarian Concerns: The current policy has raised significant concerns about potential trauma, community disruption, and risks to vulnerable children's well-being [1]

3. Potential misinformation/bias in the original statement

The original question's neutrality overlooks several key stakeholders and their interests:

  • Government Agencies: Multiple agencies have overlapping jurisdictions and potentially conflicting missions:
  • ICE (enforcement focus)
  • Department of Health and Human Services (HHS)
  • Office of Refugee Resettlement (ORR) [1]
  • Foster Care System: The system is reportedly overwhelmed and struggling to handle these cases appropriately [5]
  • Advocacy Groups: Organizations like Foster America highlight the systemic issues and trauma caused by institutional placement [5]

The question's simplicity masks the complex interplay between immigration enforcement, child welfare, and humanitarian concerns, each represented by different stakeholders with varying priorities and perspectives.

Want to dive deeper?
How does ICE coordinate with state child welfare agencies regarding undocumented minors?
What legal protections exist for undocumented children in state custody?
Can foster families face legal consequences for caring for undocumented children?
How do sanctuary policies affect ICE enforcement in foster care facilities?
What happens when undocumented foster children age out of the system?