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Senate Legislation Protects Immigrant Women and their Children and Reduces the Risk of Family Separation

Legal Momentum applauds the introduction of the Humane Enforcement and Legal Protections (HELP) for Separated Children Act, introduced by Sen. Al Franken (D-MN) and Sen. Herb Kohl (D-WI), and cosponsored by Sens. Robert Menendez (D-NJ), Amy Klobuchar (D-MN.), Russ Feingold (D-WI.), Dick Durbin (D-IL.), and Diane Feinstein (D-CA) on June 22, 2010.

HELP for Separated Children ensures that the parental rights of immigrant women are protected and the risk of family separation is reduced during immigrant enforcement.  The bill also ensures that the best interest of the child is paramount in immigration enforcement decisions where a parent, legal guardian, or primary caretaker is detained.

Currently, parents or caregivers have no guarantee that they will be given the opportunity to make childcare arrangements before they are detained. There is no requirement that parents or caregivers be informed of the location of their children or be permitted to communicate with child welfare agencies. Parents and caregivers who are hastily deported may not have the chance to arrange for their children join them in their home country or find adequate care for the child in the U.S.  Most disturbing, immigrant women often face permanent termination of parental rights because they are unable to fully participate in the family law cases that ensue after separation.

HELP for Separated Children seeks to eliminate these consequences by codifying humane standards for the apprehension, detention and potential removal of parents and caregivers.  Specific provisions of the HELP Separated Children Act include:

• Mandatory screening of parents and guardians for DHS humanitarian release eligibility by child welfare agencies and NGOs.
• Prompt notification of schools, child welfare agencies, and NGOs regarding enforcement actions.
• Access to free, confidential phone calls within 6 hours for detained parents to make care arrangements for their children and information regarding free legal counsel.
• Ensures that detained parents who do not receive humanitarian release will have regular contact with their children by preventing detention center transfers of the parent or guardian until child-care arrangements are solidified.  Parents are also guaranteed daily phone access and in-person visits, and will be able to fully participate in family court proceedings. 
• Consideration of the best interest of children in all decisions regarding the detention, release, and transfer of a parent or guardian. 

Legal Momentum enthusiastically supports the passage of HELP for Separated Children because it will reduce incomprehensible strain on children and families, and save taxpayers millions of dollars by reducing the likelihood that a child will be needlessly placed into the foster care system.

Similar legislation, also known as the HELP Separated Children Act (HR 3531), has been introduced in the House of Representatives by Representative Lynn Woolsey (D-CA).

For more information, or to sign on in support of HELP for Separated Children, please contact Soraya Fata at sfata@legalmomentum.org. 

Download a sample letter to send to your Senator in support of the Humane Enforcement and Legal Protections (HELP) for Separated Children Act...