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Children and immigration: Will the government separate families?

On Behalf of | Aug 21, 2025 | Immigration Law |

The United States immigration system has undergone significant changes in recent years, particularly in how it treats children. President Donald Trump’s administration’s policies brought family detention centers into the spotlight, raising concerns about the welfare of children and families. In some cases, government officials have separated children from their families. The following will provide more information on when that can happen and what parents can do to avoid this situation.

When do government agents attempt to separate children and parents?

During the Trump administration, the U.S. immigration system has experienced a shift towards stricter enforcement policies. Family detention centers became a focal point of this approach. These centers aimed to detain families together while their immigration cases processed. However, this policy faced criticism for its impact on children as family detention centers often lacked adequate resources to support children’s needs.

Family detention centers are not the only way the government handles families that cross the border into the United States. Attorney General Sessions implemented a “zero tolerance” policy during President Donald Trump’s first term that resulted in anyone entering the United States without authorization facing criminal charges. As such, agents sent these individuals to the Department of Justice (DOJ). If the individual entered with children, the families were separated, and the children were sent to shelters. A recent report by the American Bar Association, a group of legal professionals, estimates that over 2000 children were separated from their parents as a result of this policy.

Although President Donald Trump signed an Executive Order to stop the practice related to the “zero tolerance” policy during his first term, current reports indicate the administration continues to use the threat of separation to encourage undocumented immigrants to leave the country.

How can parents avoid separation from their children?

Ideally, it is best to enter the country with authorization. This reduces the risk of separation as government agents will not need to consider action for illegal entry into the United States. Immigrants can take a proactive approach, reaching out to legal counsel to help discuss their options.

Those who enter the country illegally out of fear of persecution in their home country may still face deportation but can seek asylum as a defense.

What should families do if detained?

Families who find themselves in detention centers or facing separation should take specific steps to protect their rights and well-being, including:

  • Seek legal assistance immediately. Access to a qualified immigration attorney can help work through the complex legal system.
  • Know your rights. Families have the right to communicate with legal counsel and access necessary resources.
  • Document everything. Keep records of interactions with officials and any incidents that occur during detention.

The treatment of children within the U.S. immigration system remains a critical issue. The Trump administration’s use of family detention centers and separation sparked significant debate and highlighted the need for reform. Families facing detention or separation must understand their rights and seek legal assistance to protect their interests. As the immigration landscape continues to evolve, ongoing advocacy and legal support remain essential to safeguarding the rights and well-being of children and families.