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.

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.