Several states are changing custody laws to help keep children out of foster care when their parents are detained during immigration enforcement actions, according to an April 14 announcement. The changes come as immigration authorities carry out what President Donald Trump has called the largest mass deportation operation in U.S. history.
The federal government does not track how many children enter foster care due to immigration enforcement, making it unclear how often these separations occur. In Oregon, two children had been placed in foster care after being separated from their parents in detention cases as of February, said Jake Sunderland, spokesperson for the Oregon Department of Human Services. "Before fall 2025, this simply had never happened before," Sunderland said.
As of mid-February, nearly 70,000 people were held by Immigration and Customs Enforcement (ICE), with a record high of 73,000 in January—an increase of 84% compared with one year earlier. Reporting from ProPublica found that parents of about 11,000 U.S.-citizen children were detained from the start of Trump's term through August. The news outlet NOTUS reported that at least 32 children with detained or deported parents had entered foster care across seven states.
Sandy Santana, executive director of Children's Rights, a legal advocacy group, said he believes the actual number is much higher than reported: "That, to us, seems really, really low," he said. Separation from a parent can cause significant trauma for children and may lead to health and psychological problems such as post-traumatic stress disorder and developmental issues related to toxic stress.
In response to increased enforcement activity since Trump returned to office last year, several states have updated laws allowing guardians temporary parental rights if a parent is separated due to immigration action. Maryland, New York, Washington D.C., and Virginia amended existing statutes during Trump's first term for this purpose; now Nevada and California have enacted similar measures. California's Family Preparedness Plan Act lets parents nominate guardians while retaining custodial rights during detention—and regaining full rights upon release.
Juan Guzman from the Alliance for Children's Rights noted that once a child enters state custody it becomes harder for detained or deported parents—who cannot attend court proceedings—to reunite with them later on. An estimated 5.6 million U.S.-citizen children live with family members who lack legal status according to research by the Brookings Institution; within this group about half have two undocumented parents.
Cristian Gonzalez-Perez at Make the Road Nevada pointed out that new paperwork requirements under Nevada's law could be burdensome or intimidating for some families who fear sharing information with authorities: "Folks don't want to talk about it... The parent having to speak to a child about the possibility of separation—it's scary," Guzman said.
