As the United States grapples with a historic surge in immigration enforcement, states and legal advocates are scrambling to address the cascading effects on families—especially children—caught in the crosshairs. The numbers tell a stark story: as of mid-February 2026, nearly 70,000 people were being held by Immigration and Customs Enforcement (ICE), with a record 73,000 detainees in January, an 84% jump compared to the previous year, according to KFF Health News. This escalation, driven by President Donald Trump’s renewed crackdown, has not only strained detention facilities but also sent shockwaves through communities, forcing states to rethink how they protect children when parents are swept up in federal raids.
One of the most distressing consequences of mass detentions is the separation of children from their parents—sometimes with no family or friends available to step in. The federal government does not track how many children enter foster care due to immigration enforcement, leaving advocates to piece together the impact from scattered reports. In Oregon, for example, two children had been placed in foster care after their parents were detained, a scenario that, according to Jake Sunderland of the Oregon Department of Human Services, had never occurred before fall 2025. Meanwhile, the news outlet NOTUS reported in February that at least 32 children of detained or deported parents had landed in foster care across seven states. But legal advocates like Sandy Santana, executive director of Children’s Rights, believe the true number is much higher. "That, to us, seems really, really low," Santana told KFF Health News.
For children, the trauma of separation is not just emotional—it can have lasting health consequences. Prolonged, intense stress, often termed "toxic stress," has been linked to developmental issues, post-traumatic stress disorder, and even damage to areas of the brain responsible for learning and memory, according to KFF Health News. The impact can be profound, leading to more frequent infections and lifelong psychological scars. As mass detentions continue, the risk grows: an estimated 5.6 million U.S. citizen children live with a parent or family member lacking legal immigration status, and within that group, 2.6 million have two parents without legal status, according to research from the Brookings Institution.
States are responding with a flurry of legislative activity aimed at keeping families together, or at least softening the blow when separation is unavoidable. Maryland, New York, Washington, D.C., and Virginia had already amended laws during Trump’s first term to allow guardians to be granted temporary parental rights for immigration enforcement reasons. Now, the wave is spreading. In 2025, California passed the Family Preparedness Plan Act, a law that allows parents to nominate guardians and share custodial rights while detained, regaining full parental rights if they are released and able to reunite with their children. Nevada followed suit, expanding an existing guardianship law to include immigration enforcement. New Jersey lawmakers are considering a similar bill this year, which would allow parents to appoint standby or temporary guardians if they are separated from their children due to federal immigration enforcement.
But even with new laws, legal and logistical hurdles remain. Juan Guzman, director of children’s court and guardianship at the Alliance for Children’s Rights in Los Angeles, points out that if a parent’s child is placed in foster care and the parent cannot participate in required court proceedings—because they are detained or deported—reunification becomes far less likely. "Folks don’t want to talk about it, right?" Guzman said to KFF Health News. "The parent having to speak to a child about the possibility of separation, it’s scary. It’s not something anybody wants to do."
California’s new law represents a significant shift. Before it passed, parents could only share custodial rights with another guardian if they were terminally ill. Now, by creating a preparedness plan and identifying an individual to assume guardianship, parents can help ensure their children are placed with someone they trust, rather than entering the foster care system. The process is not without its challenges, however. In Nevada, parents must file notarized paperwork with the secretary of state’s office—a step that Cristian Gonzalez-Perez of Make the Road Nevada says can be burdensome and intimidating for immigrants wary of government forms. "Some immigrants are still hesitant to fill out government forms, out of fear that ICE might access their information and target them," Gonzalez-Perez explained. He works to reassure families that the forms are secure and accessible only to hospitals and courts.
Meanwhile, legal advocacy organizations are stepping up to fill the gaps left by government inaction. On April 13, 2026, the New Mexico Habeas Project was launched by the New Mexico Immigrant Law Center (NMILC), the ACLU of New Mexico, and Innovation Law Lab. This first-of-its-kind initiative connects unlawfully detained noncitizens with pro bono attorneys to file habeas corpus petitions in federal court. "Many people detained in immigration detention facilities lack access to legal representation. Without legal assistance, many people face indefinite detention without even having access to a bond hearing," said Zoe Bowman, managing attorney with NMILC. The project provides training, mentoring, templates, and ongoing technical assistance to volunteer attorneys—no prior experience in habeas litigation or immigration law required.
The stakes are high. Since January 2025, over 800 habeas petitions have been filed in New Mexico alone, as mass detentions have soared. Habeas petitions are a crucial legal tool: if a court finds that detention is unlawful, it can order immediate release or a bond hearing. "Countless individuals are being unlawfully deprived of their liberty and pressured to accept deportation under abusive conditions in immigration prisons across New Mexico," said Tiffany Wang, fellow attorney with Innovation Law Lab. "Through the New Mexico Habeas Project, experienced organizations and committed attorneys are empowering people to seek their freedom and stay with their families and communities."
Rebecca Sheff, senior staff attorney with the ACLU of New Mexico, highlighted the urgency: "With the federal government continuing to funnel people into the deportation pipeline, we are committed to creating the infrastructure needed to ensure people have access to critical legal representation to challenge unlawful detention." The project is actively recruiting volunteer attorneys and making its training curriculum and resources widely available, aiming to keep families together and push back against indefinite detention without due process.
Despite directives that require ICE to facilitate detained parents’ participation in family court, child welfare, or guardianship proceedings, advocates like Sandy Santana remain skeptical about compliance. ICE officials did not respond to requests for comment from KFF Health News. The lack of transparency leaves families and attorneys uncertain about whether the rights of detained parents are being respected.
As the nation debates the ethics and logistics of mass immigration enforcement, one thing is clear: the consequences for children and families are profound and immediate. From new state laws to grassroots legal initiatives, the response is evolving—but for many, the stakes remain heartbreakingly personal.