When Two Worlds Collide: Child Welfare and Immigration Law Pointers and Pitfalls
On November 11, 2020, LawBank presented a webinar to their solo and small law firm community with presenters Annie Martinez and Cristina Uribe Reyes. Annie is the founder and principal attorney of Bridge Legal Solutions. She is also the current president of the Colorado Hispanic Bar Association. Cristina is an immigration attorney and graduate from the first cohort of Legal Entrepreneurs for Justice. The presenters discussed child welfare and immigration law, including citizenship statuses, the Child Welfare System in Colorado, and the immigration system.
This lunchtime program was sponsored by Abogado.com, a Spanish-language website that offers a legal directory and other resources for legal consumers. The first topic that presenters discussed was non-citizens and mixed-status families. Annie and Cristina provided information on legal barriers for families involved in the child welfare system. Often times, families are combatting challenges regarding the trauma of immigration. They discussed the several variables in how the child welfare system impacts immigrant families differently and negatively. The presenters explained that there are immigrant families that are considered “mixed,” meaning that one or more family member has a different status or is a non-citizen. This can happen in a number of ways, including the child having DACA status, or a victim of a crime being granted temporary status. However, regardless of reason, it is important to note that not all families have only one type of immigration status.
Annie and Cristina provided an overview of the Child Welfare System in Colorado. The system involves a wide array of cases, including those with dependency and neglect, or juvenile delinquency. They shared a description of the Colorado Children’s Code, clarifying that it does not require US citizenship for them to be involved. Child welfare laws still apply to non-citizen families. Unfortunately, immigrant families are particularly vulnerable in the court system due to language skills, cultural issues, and cultural practices. They face several challenges, including lack of support and the poverty rates that are higher among immigrant children. To conclude, the presenters provided information on how the child welfare system and immigration system work together. For immigrant families, there is not only the fear of the court system, as discussed prior, but also the fear of prosecution and deportation. Consequences for children and parents vary by type of immigration benefits being sought and status. To learn more about the relationship between child welfare and immigration, view the full presentation.
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