Green Card Hopes Put on Hold as Parents Fight to Get Children Out of Detention
For immigrant parents, a child's detention can turn an already uncertain immigration case into a family emergency. While parents pursue legal options and seek release, Green Card applications, family reunification plans, and children's education can all be thrown into uncertainty.
The journey to citizenship has become tangled for some immigrant families, who also are caught in different ways in a more immediate battle: getting their children out of government custody.
Parents, who previously had clearance to take custody of their children, are now returning to immigration verification again. For a few, parents have been arrested for appearing at an ICE office to finish the reuniting procedure.
The changes have introduced an artificial need to more closely integrate two systems that were previously less connected. Parents are seeking the release of their children, but also seek to keep themselves in the U.S. and keep their children on the path towards legal immigration in the future.
When Reuniting With Children Leads to ICE Custody?
The case of Carlos from Venezuela, who had a teenage son and daughter in a Texas federal shelter for nearly a year. Carlos was granted TPS and had previously been thoroughly screened by the government to determine his eligibility to responsibly care for his children.
In December, immigration officer requested Carlos to appear in an ICE office in New Mexico to discuss reunification. Instead, after he was been compared by officers, he was detained while attempting to have him sign documents regarding his Immigration status.
Later Carlos spent several months in an ICE detention center in El Paso. His lawyers filed a lawsuit in federal court against the detention in March, and a judge found it was “unlawful” when he released him on bond. His kids were still uncertain, however.
The News Behind The Delays
Unaccompanied immigrant children are cared for until they're released to an approved sponsor, typically a parent or another family member, by the Department of Health and Human Services' Office of Refugee Resettlement. The system was to be separate from immigration enforcement with regard to the welfare of children.
New processes enable DHS and immigration workers to interact more effectively with the resettlement system. They can now meet parents and prospective caregivers and immigration status verification prior to children placement.
The recent toughening of screening is to prevent children from being trafficked or placed in unsafe care, the government states. The policy can result in another type of family separation, however, immigration advocates argue, as parents are unsure of their legal status and afraid to return and claim their own children.
Parents Are Facing a Difficult Choice
KFF Health News reported that over 100 caregivers have been arrested as they attempted to secure the release of their children from federal custody, but did not independently confirm the number with federal officials.
A mothers, identified as Dulce, told NPR that they canceled their appointment with ICE because they were afraid they’d be arrested. Despite having met the government's sponsorship requirements in the past, they kept their child in a government service shelter because of her involvement in a traffic stop.
After his attorneys had filed a federal court petition challenging his detention, Dulce finally received her son back. In February the family got back together, but the family's member, she told reporters that she still feared that ICE would go to her home and take her away.
Children Are Spending Longer in Government Care
It's important that the wait is longer because these are kids that may have already been exposed to violence, separation or displacement from their parents. Additional stress and uncertainty from extended stays in institutional environments can add to the picture, attorneys and social workers say.
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Unfortunately, with some children, the case has gone so far as to federal court for them to be released. This has helped to establish a system where having legal representation can mean a quicker exit from government foster care and reintegration to their families.
Where Green Card Hopes Fit In?
The situation for immigrant parents isn't limited to getting home to the United States. Most of the families are also attempting to get a legal way into the U.S. to stay, either by applying for asylum, family petition, adjustment of status or other immigration programs.
It's grown more difficult to foretell that process, especially as immigration agencies ramp up screening and enforcement efforts. USCIS has also implemented new policies impacting adjustment of status cases and in other categories of cases. Delays and holds may result, putting applicants in limbo without an indication of when their cases will proceed.
ICE’s Broader Focus on Parents And Caregivers
The new method is part of a wider campaign to identify children that are not with their parents when they arrive in this country and make sure they're in the care of a safe family, administration said. Trafficking has been reported and authorities cited issues with children being released to persons who have not undergone proper screening.
The extent of the effort to enforce the rules has been distributed, as revealed by internal government information KFF Health News examined. As of Jan. 29, migrants with nearly 11,800 migrant children and some 500 caregivers had been arrested, with many of the children believed to be under 18.
The Flight to Bring Families Back Together
Carlos’ experience shows how quickly a reunification process can turn into an immigration case. Before he was detained, he had been working for months-long government checks and travelling long distances to visit his children.
While he was being held, his kids kept in touch through the shelter. One said she felt trapped and hopeless after living out of her house for so long. KFF Health News obtained statements from those whose accounts were reviewed.
The family's immigration future was still uncertain, though, when Carlos was released on bond. The kids still required a legal route out of government custody, their dad still had to pursue immigration proceedings.
A System That Leaves Families Waiting
As immigration enforcement expands to include family reunification, it is creating a challenging reality for families. If parents desire to go through the government's system they may be afraid to attend an appointment with their kids. But staying away could leave their children in federal custody.
This can be made even longer for a family expecting to eventually become eligible for permanent legal status. People who come forward to recover their children may face detention or deportation.
The information on this page is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Immigration laws and policies change frequently. Always consult a licensed immigration attorney or accredited representative before making any immigration decisions.
Last Updated: [August 2026] — This article reflects information available as of [August 2026]. Policies may have changed. Check USCIS.gov for the most current guidance.
