Mixed-Status Families Bear the Burden
The escalation of interior enforcement operations in 2026 has had a devastating impact on mixed-status families — households where some members are U.S. citizens or permanent residents and others are undocumented. When ICE arrests a parent, the immediate consequences fall on their children, many of whom are U.S. citizens. Advocacy organizations report a surge in cases where children arrive home from school to find a parent detained, with no adult caregiver available.
An estimated 5.1 million U.S. citizen children have at least one undocumented parent, according to the Migration Policy Institute. These children face profound disruption — emotional trauma, housing instability, loss of family income, and in some cases, entry into the foster care system.
Emergency Family Preparedness
Immigration attorneys strongly recommend that every mixed-status family prepare an emergency plan. Key steps include designating a trusted person (U.S. citizen or permanent resident) as emergency caregiver for your children. Execute a power of attorney authorizing this person to make medical, educational, and legal decisions for your children. Prepare a folder with copies of all important documents: children's birth certificates, medical records, school enrollment, your immigration documents, attorney contact information, and the caregiver's contact information. Discuss the plan with your children in an age-appropriate way. Ensure your designated caregiver knows your attorney's contact information and how to post immigration bond.
Legal Rights of U.S. Citizen Children
U.S. citizen children have constitutional rights that are not affected by a parent's immigration status. They cannot be deported. They are entitled to remain in the U.S. and access public education, emergency medical care, and other services regardless of their parents' status. Courts must consider the best interests of the child in custody proceedings, and immigration judges can consider hardship to U.S. citizen children when evaluating relief such as cancellation of removal.
Resources for Affected Families
If a family member has been detained, contact your immigration attorney immediately. Call the ICE detainee locator at 1-888-351-4024 to find where your family member is being held. Contact your congressional representative for assistance. Reach out to local legal aid organizations for free or low-cost representation. If you are a victim of domestic violence, you may have independent immigration relief available regardless of your spouse's cooperation.