Keeping your rights as a parent if you are detained or deported

This page is about your rights as a parent after detention or deportation. To plan ahead, see Who can care for my children if I am detained. This is general information, not legal advice. Every family's case is different, so talk with a lawyer.

Do I lose my rights as a parent if I am detained?

No. Being detained or deported does not, by itself, end your rights as a parent. In California, parental rights end only when a court ends them (Welfare and Institutions Code 366.26). That can happen in a juvenile court case if a child is in foster care for a long time and the parent cannot reunify. That is why acting early matters.

We know you are scared and far from your children. You still have a voice. Use it as early as you can.

What does ICE's policy say about detained parents?

ICE has a written policy for parents and legal guardians of minor children. The current version is Directive 11064.4, "Detention and Removal of Alien Parents and Legal Guardians of Minor Children," issued July 2, 2025 (ICE Detained Parents Directive page). It replaced a 2022 version.

It covers parents and guardians who are the primary caretakers of minor children in the United States, or who have a direct interest in a family court, probate court, guardianship or child welfare case. ICE says it will:

• Help covered parents take part in family court, child welfare and guardianship cases
• Follow visitation procedures in detention
• Keep records of the detention and removal of covered parents

How do I tell ICE I am a parent?

Say it clearly, and put it in writing.

1. Tell the officers and the detention staff that you are a parent or guardian of a minor child and that you want to take part in decisions about your child.
2. Call the Detention Reporting and Information Line at 1-888-351-4024 and say "Parental Interests Inquiry." Family members, lawyers and social workers can call too.
3. Use ICE's Secure ERO Contact Form online and choose "Parental Interests" as the type of inquiry. This is for cases that involve child protective services, family court or child welfare.
4. Give your lawyer and your child's social worker your full name, date of birth, A number and where you are held, so they can reach ICE about you.

Do not sign papers you do not understand. Talk with a lawyer before you sign anything.

How do I stay in contact with my children?

Ask early, and ask in writing.

• Visits. Ask the facility how visits work for minor children. Advocates say the 2025 directive expects a written request for a contact visit where a facility does not normally allow one.
• Phone and video. Ask for scheduled calls or video visits. Keep your children's caregiver informed of the facility's rules.
• Letters and drawings. These are simple and they matter. Children feel connected when they hear from you.
• Keep it steady. Regular contact, even short, helps children cope. In a foster care case, the court also looks at your efforts to stay in touch.

For ways to support your children's feelings during this time, see Helping your children cope when a parent is detained or deported.

What if my children are with family, not in foster care?

Then you are still the parent with custody unless a court has said otherwise.

• A caregiver form does not take your rights. If your relative or friend used the Caregiver's Authorization Affidavit, you keep custody (Family Code 6550). If you disagree with a medical decision, your decision comes first, unless it would put your child's life, health or safety at risk. You can cancel the form at any time.
• A guardianship limits custody only while it lasts. If a judge named a guardian, you can ask the judge to end it when you can care for your child again.
• A joint guardianship keeps you in the role. Since 2026, a court may name you and the person you chose as joint guardians while you are unavailable because of an immigration related action. When you ask to end it because you are able to care for your child again, the law presumes that ending it is best for your child (Probate Code 2105(g)). New court forms for this were recommended for the Judicial Council's October 24, 2026 meeting and were not yet adopted as of October 21, 2026 (committee agenda). Ask the court's self help center how to file today.

Make sure the school has your caregiver on its emergency contact list. Since 2026, schools must first follow the parent's emergency contact instructions and should not call child protective services unless care cannot be arranged that way.

How do I get my children back from foster care?

If your child was placed in foster care, there is a juvenile court case, called a dependency case. California law has special protections for parents who are detained or deported.

You have a right to a lawyer in that case. If you cannot afford one and your child is in foster care, or the county is asking for it, the court must appoint a lawyer for you unless you knowingly give up that right (Welfare and Institutions Code 317). Ask for one right away.

You have a right to reunification services. If you are detained by immigration or deported, the court must order reasonable services to help you reunify (Welfare and Institutions Code 361.5), unless it finds with clear and convincing evidence that services would harm your child. When deciding, the court looks at the barriers you face, your ability to stay in contact with your child and how likely you are to be released.

The services must fit your situation. If a required class or treatment is not offered where you are detained, or not available in the country you were sent to, the court can excuse that requirement.

There are time limits. Reunification services usually last:

The court can extend services up to 18 months, and in some cases up to 24 months, after removal. For a detained or deported parent, the court must consider those special circumstances when deciding whether to extend.

Relatives can step in. A relative may be able to care for your child during the case. See Can an undocumented relative care for a child in foster care?

How can I take part in court while detained?

• Tell your dependency lawyer where you are and how to reach you. Ask them to arrange for you to appear by phone or video if you cannot be brought to court. California law lets any dependency hearing be held in whole or in part by video or phone, and a party who wants to appear that way gives notice to the court (Code of Civil Procedure 367.75). How each county sets it up varies, so your lawyer handles the request.
• Ask ICE in writing to help you take part, citing the Detained Parents Directive. Your lawyer or social worker can call the ICE line for you.
• Keep your own records: hearing dates, names of the social worker and judge, and copies of every request you send.

What if I have been deported?

You are still the parent, unless a court has ended your rights.

• Contact your child's social worker and your lawyer with your new address, phone number and messaging app.
• California child welfare agencies must make reasonable efforts to help deported parents contact the child welfare authorities in their home country. Ask your social worker to do this.
• Contact your country's consulate and ask what help it offers parents with a child welfare case in California.
• Travel documents for your children. For a child under 16, both parents usually apply for a U.S. passport together, or the absent parent signs a consent form (DS-3053) in front of a notary (U.S. State Department). Children born outside the U.S. get passports from their country's consulate.

Whether your children join you, or stay with family here, is a big decision. Make it with a lawyer and with your children's caregiver.

What if I live outside California?

The ICE directive and the steps to tell ICE you are a parent are the same in every state. The juvenile court rules above are California law. Other states have their own rules on appointed lawyers, services and time limits. Ask the juvenile court clerk in your child's county for your appointed lawyer, and ask that lawyer what your state allows for detained or deported parents.

What mistakes should I avoid?

• Staying silent about being a parent. Say it, and write it down.
• Signing documents without a lawyer. Some papers can affect both your immigration case and your children.
• Losing touch with the social worker. Give updated contact details every time they change.
• Missing court dates. In immigration court, missing a hearing can lead to a deportation order. In juvenile court, missing hearings can hurt your case.
• Trusting a notario. Only licensed attorneys and DOJ accredited representatives can give immigration legal advice. See Warning signs of an immigration scam.

Who can help?

These are free public offices and nonprofit legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your court appointed dependency lawyer, if your child is in foster care. Ask the juvenile court clerk who it is.
• Anywhere in the United States, for the immigration case: the DOJ List of Pro Bono Legal Service Providers, sorted by immigration court, including detained courts.

For San Mateo and Santa Clara County residents:

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440. Deportation defense for low income residents of San Mateo and Santa Clara counties. Walk ins Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road, East Palo Alto.
• Pangea Legal Services: (415) 254-0475. Free or low cost deportation defense, with a San Jose office.
• San Mateo County Rapid Response Hotline: (203) 666-4472, 24 hours, for families after an ICE arrest.
• Santa Clara County Rapid Response Network: (408) 290-1144, 24 hours. Takes reports of detained loved ones and connects families to attorneys.
• More: Free legal help in the Bay Area and What to do if ICE detains someone in your family.

Questions people ask

Can ICE take my children from me? ICE's directive is about helping detained parents take part in decisions about their children. If no other adult can care for a child, the county may become involved. Name a caregiver ahead of time so that does not happen. See Who can care for my children if I am detained.

Will I be held near my children? Not necessarily. The 2025 directive dropped the earlier instruction to try to place parents near their children.

Can I be brought back from another country for a hearing? The 2025 directive no longer includes guidance on this. Ask your dependency lawyer about appearing by phone or video.

Does the county ask about immigration status in a foster care case? Ask your court appointed lawyer what the county will share and with whom before you answer questions.

My child is a U.S. citizen. What should I ask about? Ask your lawyer about your child's U.S. passport and travel options, and about who will care for your child here.

Is there a request I can copy?

You are still your child's parent. Every call, letter and hearing you show up for counts. Hold on to that, and keep going one step at a time.