Justice Letter Final Draft

Roshan Taneja 150 Valparaiso Avenue Atherton, CA 94027

May 23, 2024

Cardell Morant United States Congress Washington, D.C. 20515

Dear Cardell Morant,

I write with a strong sense of urgency and empathy, speaking out for the rights of the children of undocumented immigrants in this country. Four million students in the public and private school systems in the United States are children of undocumented immigrants (“Fact Sheet”). Americans have apathetically looked on for far too long at the atrocities that happen to these children, who walk a very steep slope, one that keeps them unseen and unheard by the rest of society. Though many of them are U.S. citizens by birth, they are disproportionately more likely to be included in the child welfare system, where, at every turn, the looming threat of family separation overshadows their sense of security (“Immigration Service”). The Child Welfare system in the United States needs to evolve to support the lives and rights of children of undocumented immigrants.

I became acutely aware of the issues surrounding the children of undocumented immigrants in middle school when one of my good friend's parents was deported. Her name was Sofia, and I used to eat lunch with her all of the time. She told me one day that her father was deported back to Mexico, and she was living with her cousin and aunt. Over the next year, her attendance in school started to diminish until seeing her at school was rare. Within the year, she was moved to a foster home elsewhere in California, and I haven't heard from her since. Her story is hardly unique. Even as U.S. citizens, children of undocumented immigrants are at elevated risk of entering the child welfare system when a parent is detained or deported.

Sometimes, Implicit bias against single-parent households can cause unbalanced seizure of children. For instance, Anayeli Batista, a U.S. citizen teenager, had to enter foster care after her undocumented father was taken into custody by U.S. Immigration and Customs Enforcement. Even though Anayeli lived comfortably at home with her mother and siblings, authorities took Anayeli from her mother. They placed her in the child welfare system (Strangers No Longer: Together on a Journey of Hope). This case brings up the systemic bias that can view the single-parent household led by non-citizens as inadequate, even when demonstrably safe and loving (Implicit Bias and Decision-Making).

Carlos and Marco Hernandez: Brothers Carlos (10) and Marco (8) were U.S. citizens living with their undocumented mother. When their mother was deported, they were placed in separate foster homes. The boys experienced emotional distress from the separation and struggled to adjust to their new environments (Hernandez, Marco). These situations demonstrate the psychological trauma children can experience due to family separation caused by immigration enforcement (Cohen George). It extends beyond direct actions to a chilling effect discouraging families from seeking essential services like law enforcement or medical services. This chilling effect is dangerous to legal citizens and also encourages crime. Crime rates in cities with large populations of undocumented citizens like San Diego, Los Angeles, Houston, and Dallas have seen increased crime rates since ICE operations began within city limits (“Undocumented Americans.”).

These immigration policies rip families apart, leaving lasting scars on children. In 2007, there were an estimated 11.9 million undocumented immigrants, nearly half of whom had custody of children(“Fact Sheet”). In that year alone, over 300,000 undocumented immigrants were deported from the United States (“US Citizens Impacted by Immigration Enforcement”). This means over 150,000 children of undocumented immigrants lost either one or both parents. They were removed from the child welfare system, where many still reside today.

The cost of maintaining the child welfare system is not cheap. State child welfare systems spent about $31.4 billion on child welfare in 2020 (The Child Welfare System: Strategies For Reform). The states of California, Texas, New York, Florida, Illinois, and New Jersey alone consumed nearly 80% of that budget. 12.8% of children in the child welfare system are children of undocumented immigrants (“Fact Sheet”). A vast portion of our budget spent on Child Welfare is spent on children of undocumented immigrants.

One proposed solution to cut down on this overinflated budget is to allow undocumented parents to bring their children with them and keep custody of them as they are deported. These stances are extreme and don’t provide support to families who are seeking asylum or have extenuating circumstances (Rubac, Gloria). However, that doesn't solve many of the underlying issues. Many of these Child Welfare programs are problematic. Many Child Welfare officials have implicit biases that often result in unbalanced seizure of children from lower-income single-parent families, especially after one parent is deported (Implicit Bias and Decision-Making). One such example is Anayeli mentioned above. Other problems include unwarranted family separation, like the Hernandez family. These recurring problems stem from untrained officers and limited oversight and reporting. There are many more ways to solve this problem, starting with reforming the Child Welfare system. Therefore, I urge you to take the following actions:

Implement Mandatory Bias Training for Child Welfare Professionals: Mandate comprehensive training programs to identify and mitigate implicit bias within the child welfare system. Educating those on the front lines about the influence of racial and economic biases in their decision-making processes is crucial (“OACAS Library Guides: Equity and Anti-Oppression in Child Welfare: Bias”).
Support and Fund Community-Based Initiatives: Encourage local governments and non-profits to develop community-based programs that support families of color and those from low-income backgrounds. These programs should prevent unnecessary separations and provide support tailored to these communities' needs.
Legislate for Enhanced Monitoring and Reporting of Bias: Pass legislation requiring child welfare agencies to regularly report on the racial and economic demographics of the families they serve and their outcomes. This transparency would help identify disparities and prompt necessary reforms (“Report Disproportionality and Race Equity in Child Welfare.”)
Promote Public Awareness Campaigns: Launch campaigns to raise public awareness about the prevalence and impacts of bias in the child welfare system. Highlight personal stories and data to engage the community and foster empathy and understanding.
Establish an Independent Oversight Committee: Form an independent committee to oversee child welfare cases involving racial and economic biases, check systemic issues, and ensure fair treatment across all instances (Race and Poverty Bias in the Child Welfare System: Strategies For Reform).
Legislate For the Rights of Deported Persons: Provide a legal framework for undocumented immigrants to maintain custody of their children in the case that they are removed from the country.

Congressman Morant’s concern for these vulnerable children is genuine and crucial to the impact of this letter. “Unaccompanied children fleeing violence are among the most vulnerable people seeking refuge in the United States. Our current laws on the books require that these children be screened for human trafficking, housed in child-appropriate settings, and reunified with family in the United States. At the same time, they await their immigration proceedings,” said Morant. “But the tragedy is that these children are still at risk. Congress must ensure the health and safety of these kids—we must do better to protect them.”

Imagine a classroom filled with bright, curious faces. Imagine some of those faces are clouded with worry, hunger, pain, and empty seats. These are the children we are failing. Let us not continue to defer their dreams (Implicit Bias in Child Welfare, Education and Mental Impacts). Let's act compassionately and reform the system to ensure every child feels safe, loved, and empowered to reach their full potential. Congressman Morant, your recent legislation offers a glimmer of hope. Please consider expanding its scope to encompass the needs of all children of undocumented immigrants, not just unaccompanied minors. We cannot afford to wait any longer. Let's act now to protect these vulnerable children. Empathy as our guide allows us to build a future where every child feels safe and valued.

Thank you for your time and consideration.

Sincerely,

Roshan Taneja

Works Cited

NIJC Policy Team. “Solutions for a Humane Border Policy.” National Immigrant Justice Center, immigrantjustice.org/staff/blog/solutions-humane-border-policy. Accessed 26 Mar. 2024.

Genre: Blog
Summary:
Advocates for humane immigration policies that respect rights and dignity.
Proposes specific policy reforms to improve the treatment of immigrants at borders.
Highlights the negative impact of current policies on vulnerable populations.
Suggests alternatives that could lead to safer and more regulated immigration processes.
Credibility:
The National Immigrant Justice Center (NIJC) is known for its advocacy in immigrant rights, providing the source with high credibility regarding immigration issues. Their direct involvement in legal assistance and policy advocacy lends authority to their recommendations.
Used for the statistics of the children mentioned, Anayeli and Marco Hernandez, as well as the statistics of children lost in the foster care system due to the deportation of their parents. The blog also provides insight into how to change border policies to give a more just experience for migrant parents to maintain their connection to their children. This blog post uses the experiences of specific children, Anayeli and Marco Hernandez, to underscore the harsh realities faced by children of deported parents lost in the foster system. It advocates for border policy reforms to ensure migrant parents can maintain connections with their children, highlighting statistical data to support its advocacy. Immigrant Justice.org  is a non-funded organization that is based out of Chicago. Its main aim is to lobby for more human border protection laws, particularly for our southern border with Mexico.

“Best Interest of the Child Standard as a Means to Discriminate against Non-Citizen Parents in Family Court – American University Journal of Gender, Social Policy & The Law.” American University Journal of Gender Social Policy the Law, jgspl.org/best-interest-of-the-child-standard-as-a-means-to-discriminate-against-non-citizen-parents-in-family-court/. Accessed 26 Mar. 2024.

Genre: Journal Article
Summary:
Examines how the "Best Interest of the Child" standard in family courts can be biased against non-citizen parents.
Discusses legal frameworks and case studies illustrating discrimination.
Proposes legal reforms to ensure fairer court proceedings for non-citizen parents.
Credibility Evaluation:
Published by a reputable academic institution, this source is highly credible due to its peer-reviewed nature and focus on social policy and law. It provides well-researched, scholarly perspectives on legal biases.
This article discusses how the "Best Interest of the Child" standard in family courts can be misused to discriminate against non-citizen parents, impacting their rights and the outcomes of custody cases.

Cato.Org, www.cato.org/testimony/unlocking-americas-potential-how-immigration-fuels-economic-growth-our-competitive. Accessed 26 Mar. 2024.

Genre: Policy Testimony
Summary:
Argues that immigration significantly contributes to U.S. economic growth.
Presents data on how immigrants enhance competitiveness and innovation.
Advocates for policies that harness the economic benefits of immigration.
Credibility Evaluation:
Cato Institute is a well-known libertarian think tank, providing insights with a perspective that emphasises free markets and limited government. Its extensive research makes it a credible source for economic analyses, though it may present a particular ideological bias.
This testimony addresses the broader economic implications of immigration policies, suggesting that inclusive immigration policies, including those affecting children of illegal immigrants, are vital for America's economic growth.

Cohen, George J., et al. “Helping Children and Families Deal with Divorce and Separation.” American Academy of Pediatrics, American Academy of Pediatrics, 1 Dec. 2016, publications.aap.org/pediatrics/article/138/6/e20163020/52651/Helping-Children-and-Families-Deal-With-Divorce?autologincheck=redirected.

Genre: Research Report
Summary:
Provides guidelines for paediatricians to support children and families during divorce.
Discusses the psychological impact of divorce on children and the role of healthcare providers in mitigating adverse effects.
Emphasises the importance of stable environments for children's well-being.
Credibility Evaluation:
The American Academy of Pediatrics is a leading authority in child health, making it a highly credible source for information concerning children's welfare and health practices.
This article provides a professional perspective on the psychological support necessary for children and families during the traumas of divorce and separation, which can be analogous to the separations experienced by families due to deportation.

“Fact Sheet.” American Immigration Council, American Immigration Council, www.americanimmigrationcouncil.org/publications/fact-sheet-0. Accessed 26 Mar. 2024.

Genre: Fact Sheet
Summary:
Offers statistics and data on various aspects of immigration in the U.S.
Addresses common myths and misconceptions about immigrants.
Provides evidence-based insights into the contributions and challenges faced by immigrants.
Credibility Evaluation:
The American Immigration Council, known for its thorough research and policy analysis, is a reputable source that provides reliable, fact-checked information on immigration.   It is often peer-reviewed and cited thoroughly throughout policy testimonies.
This fact sheet provides comprehensive data and insights into the challenges faced by immigrant families, including U.S. citizen children of undocumented parents, offering a foundational resource for understanding the demographic and legal landscapes.

Hernandez, Marco. “Marco Hernandez.” Radware Bot Manager Captcha, 2020, mn.gov/mcla/about-us/board/marco.jsp.

Genre: Biographical Webpage
Summary:
Details the professional and personal background of Marco Hernandez, an advocate and board member at MCLA.
Describes his involvement in community service and immigration advocacy.
Highlights his contributions to policy discussions and community projects.
Credibility Evaluation:
As a primary source about an individual, Marco Hernandez's reputation in his professional community gives it credibility, though the page itself is more informative than analytical.
Marco Hernandez is the boy earlier referred to in the imigrantjustice.org blog post about the two boys who were separated after their mother was deported. He is now a successful chair of the Minnesota Council on Latino Affairs.

“Immigration Services.” Catholic Charities USA, 28 Feb. 2024, www.catholiccharitiesusa.org/what-we-do/immigration-services/.

Genre: Organizational Webpage
Summary:
Describes services provided to immigrants, including legal aid and support.
Details the organisation's role in advocating for immigrant rights.
It provides insight into the challenges immigrants face and how the organisation assists in navigating these challenges.
Credibility Evaluation:
Catholic Charities is a well-known nonprofit organisation with a long history of service provision, making it a credible source for information on its activities and perspectives on social issues like immigration.
This webpage outlines the services provided by Catholic Charities to immigrants, highlighting their role in supporting families affected by immigration enforcement and the importance of such services in protecting children's rights.

“Immigration.” USCCB, www.usccb.org/committees/migration/immigration. Accessed 26 Mar. 2024.

Genre: Organizational Webpage
Summary:
Provides the stance of the U.S. Conference of Catholic Bishops (USCCB) on immigration issues.
Highlights the moral and ethical arguments for supporting immigrants, based on Catholic social teaching.
Discusses advocacy efforts and legislative priorities of the USCCB in relation to immigration reform.
Credibility Evaluation:
USCCB is a significant religious organization representing a major faith group in the U.S., lending it substantial credibility on moral and ethical issues, including its perspectives on immigration shaped by deep-rooted religious and humanitarian values.
This resource from the U.S. Conference of Catholic Bishops discusses the Church's stance and activities regarding immigration, emphasising the moral and ethical considerations in immigration policies that affect families and children.

Implicit Bias and Decision-Making, nysmandatedreporter.org/files/Implicit Bias and Decision-Making.pdf. Accessed 27 Mar. 2024.

Genre: Research Report (PDF Document)
Summary:
Explores how implicit biases affect decisions in various professional settings.
Discusses mechanisms through which unconscious biases influence judgments.
Offers strategies to mitigate the impact of implicit biases in decision-making processes.
Credibility Evaluation:
The source's credibility stems from its focus on presenting researched evidence and strategies related to implicit bias, which is widely recognised and studied in psychology and social sciences.
This document explores how implicit bias affects decision-making within child welfare systems, providing insights into systemic issues that could disproportionately impact children of immigrants.

Implicit Bias in the Child Welfare System: Placement Decisions ..., www.proquest.com/openview/20fb32c45084b19b6de5f668991a53a7/1.pdf?pq-origsite=gscholar&cbl=18750&diss=y. Accessed 27 Mar. 2024.

Genre: Dissertation/Thesis
Summary:
Analyzes the role of implicit biases in the decision-making processes of child welfare placements.
Reviews cases and outcomes to illustrate bias impacts.
Proposes policy and training changes to address these biases.
Credibility Evaluation:
This academic dissertation is credible due to its rigorous peer-review process typical of academic theses, providing a detailed examination of implicit biases within a specific area of the child welfare system.
This document explores how implicit bias affects decision-making within child welfare systems, providing insights into systemic issues that could disproportionately impact children of immigrants.

Implicit Bias in the Child Welfare, Education and Mental ..., ncwwi.org/files/Cultural_Responsiveness__Disproportionality/Implicit-Bias-in-Child-Welfare-Education-and-Mental-Health-Systems-Literature-Review_061915.pdf. Accessed 27 Mar. 2024.

Genre: Literature Review (PDF Document)
Summary:
Surveys literature on implicit bias across child welfare, education, and mental health sectors.
Discuss implicit biases' pervasive effects on service delivery and outcomes in these fields.
Recommends institutional reforms to counteract these biases.
Credibility Evaluation:
Given its comprehensive review of existing research, this document is a reliable source for understanding the broader implications of implicit biases across multiple social services systems.

“OACAS Library Guides: Equity and Anti-Oppression in Child Welfare: Bias.” Bias - Equity and Anti-Oppression in Child Welfare - OACAS Library Guides at Ontario Association of Children’s Aid Societies, oacas.libguides.com/equity-AOP/bias. Accessed 26 Mar. 2024.

Genre: Educational Webpage
Summary:
Provides resources and guidelines for addressing bias within child welfare.
Focuses on promoting equity and anti-oppression practices in child welfare agencies.
Serves as a tool for education and awareness in child welfare practices.
Credibility Evaluation:
The Ontario Association of Children’s Aid Societies (OACAS) is a reputable organisation in child welfare, making its guides credible resources for best practices and educational purposes within the field.
This guide provides an in-depth look at bias within the child welfare system, offering educational resources to help professionals recognise and combat bias, which is crucial for the equitable treatment of children of immigrants.

“Question: Research on Bias throughout the Child Welfare System Shows:A. An under Representation of Families of Colorb. an over Representation of Families in Poverty and Families of COLORC. A Mandated Reporter’s Decision to Make a Report Is Hardly Ever Influenced by BIASD. Bias Does Not Have Long Lasting Impacts on Families and Communities.” Solved Research on Bias throughout the Child Welfare System | Chegg.Com, 5 Jan. 2024, www.chegg.com/homework-help/questions-and-answers/research-bias-throughout-child-welfare-system-shows--representation-families-color-b-repre-q128951385.

Genre: Educational Q&A Webpage
Summary:
Examines the extent of bias in the child welfare system through multiple-choice questions.
Discusses overrepresentation of families of colour and those in poverty within the system.
Highlights the impact of bias on reporting and long-term effects on communities.
Credibility Evaluation:
Chegg is a popular educational platform for homework help. At the same time, it provides accessible explanations and discussions. Although its academic credibility is less than primary research or peer-reviewed articles, it is useful for understanding common academic inquiries and discussions.

Race and Poverty Bias in the Child Welfare System: Strategies For Reform, www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/january---december-2019/race-and-poverty-bias-in-the-child-welfare-system---strategies-f/. Accessed 27 Mar. 2024.

Genre: Professional Article
Summary:
Discusses the influence of racial and economic factors on child welfare decisions.
Provides strategies for legal professionals to mitigate these biases.
Highlights initiatives and training aimed at promoting fairness in the child welfare system.
Credibility Evaluation:
The American Bar Association is a prominent and respected organization within the legal field, providing a credible source for practices and recommendations in child welfare law.

“Report Disproportionality and Race Equity in Child Welfare.” National Conference of State Legislatures, www.ncsl.org/human-services/disproportionality-and-race-equity-in-child-welfare. Accessed 26 Mar. 2024.

Genre: Policy Report
Summary:
Analyzes data on racial disparities within the child welfare system.
Addresses the specific implications for children of immigrants.
Recommends policy measures to improve racial equity.
Credibility Evaluation:
The National Conference of State Legislatures is a respected bipartisan organization that provides research and analysis to state legislators and their staff, making this report a reliable source for understanding legislative and policy implications on race equity in child welfare.
    This report offers a detailed analysis of racial disparities in the child welfare system, with implications for children of immigrants who may be affected by these biases.

Research on Bias throughout the Child Welfare System Shows, brainly.com/question/47001687. Accessed 27 Mar. 2024.

Genre: Educational Q&A Webpage
Summary:
Provides an overview of various research findings on bias in the child welfare system.
Discusses the role of mandated reporters and the influence of bias in their decisions.
Notes the long-lasting impacts of bias on families and communities.
Credibility Evaluation:
Brainly, as a peer-to-peer learning community, is less authoritative than academic or professional sources. Still, it can provide insights into common perceptions and educational content related to social issues.

Rubac, Gloria. “Regardless of Legal Decisions, Immigrants Vow to Fight SB4.” Workers World, 20 Mar. 2024, www.workers.org/2024/03/77584/.

Workers World. This article provides a narrative on the active resistance among immigrants against discriminatory laws like SB4, showcasing the community's resilience and the direct impact of such laws on children.

Self-Assessment Questions - Course #97534: Child Abuse Identification ..., www.netce.com/studypoints.php?courseid=2690;printable=yes;page=printquestions. Accessed 27 Mar. 2024.

“Strangers No Longer.” Justice for Immigrants, 14 Feb. 2023, justiceforimmigrants.org/home/news/community-engagement-resources/about-us/catholic-social-teaching/strangers-no-longer/.

This document discusses a faith-based advocacy perspective on immigration, emphasizing the need for compassionate policies that uphold the dignity of immigrant children and their families.

Strangers No Longer: Together on a Journey of Hope - Archdiocese ..., sfarchdiocese.org/strangers-no-longer. Accessed 27 Mar. 2024.

This document discusses a faith-based advocacy perspective on immigration, emphasizing the need for compassionate policies that uphold the dignity of immigrant children and their families.

Study Points - Course #97534: Child Abuse Identification And ..., www.netce.com/studypoints.php?courseid=2690;objid=14100. Accessed 27 Mar. 2024.

“U.S. Citizen Children Impacted by Immigration Enforcement.” American Immigration Council, 7 June 2023, www.americanimmigrationcouncil.org/research/us-citizen-children-impacted-immigration-enforcement.

This report specifically addresses the impact of U.S. immigration enforcement policies on citizen children of undocumented parents, providing critical data and personal stories to illustrate the scale and emotional impact of these policies.

“Undocumented Americans.” American Psychological Association, American Psychological Association, www.apa.org/topics/immigration-refugees/undocumented-video#:~:text=1.,ones%20affected%20by%20undocumented%20status. Accessed 26 Mar. 2024.

“Undocumented Youth in the United States.” Wikipedia, Wikimedia Foundation, 27 Feb. 2024, en.wikipedia.org/wiki/Undocumented_youth_in_the_United_States#:~:text=In%202014%2C%20about%203.9%20million%20students%20in,private%20schools%20were%20children%20of%20unauthorized%20immigrants.

This document provides insight into the whole process of understanding undocumented youth in the US, From parental rights to the foster care system.