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ICE “Welfare Checks”: How Unaccompanied Migrant Children Are Losing Homes and Legal Rights


By: Justin Grosz, Esquire

 

In the past few months, more than 100 unaccompanied migrant children have been removed from their homes and placed into federal custody after agents from U.S. Immigration and Customs Enforcement (ICE) and the Federal Bureau of Investigation (FBI) conducted unannounced “welfare checks” at foster care homes across the country. These ICE raids on foster homes, which are under the auspices of anti-trafficking efforts, have instilled panic, displacement, and instability for undocumented children in the foster care system, especially in states with high numbers of young immigrants (El País, 2025). Many assert that the administration’s true reasoning for these operations is to identify and deport undocumented minors in the foster care system, stripping them of opportunity, education, and rightful legal access. 

 

Fear-Based Immigration Enforcement Undermines Child Welfare 

While the federal government defends these visits as necessary to protect children’s safety, advocacy groups such as Kids in Need of Defense (KIND) and The Young Center argue that the true goal is immigration enforcement. Families have reported that these “checks” often lead to deportation of undocumented sponsors whose sole goal is to provide financial support to children but also of the children themselves. As a result, many minors have stopped attending school, skipped immigration court hearings, or fled entirely

These so-called welfare checks involving armed agents arriving unannounced at the homes of minors and their sponsors have led to the removal of children from their homes and the detention or deportation of their caregivers. An unintended consequence is that these fear-inducing policies undermine the true purpose of child protection systems. Unfortunately, these policies indirectly punish children who have the right to feel safe.  

 

Legal Representation for Immigrants is Being Stripped Away 

Child advocates argue that the crisis is worsened by ongoing attacks on legal protections. More than 26,000 unaccompanied minors have lost access to government-funded legal services after the Trump administration canceled critical contracts in early 2025 (El País, 2025). 

Children as young as two years old are now expected to appear in immigration court alone, with no understanding of their rights or the legal consequences of their cases. Without attorneys, they are more likely to be deported and less likely to obtain relief or protection under U.S. law, regardless of whether they have valid claims for asylum.

 

We are Losing Sight of Child Protection 

At Justice for Kids®, we believe that innocent immigrant children in our child welfare systems need protection. Using welfare checks that result in immigration enforcement may be doing more harm than good. Welfare checks were designed to protect children. Using them in any other way decreases public trust and deters families from seeking necessary services.  

Fear-provoking methods like these blur the lines between protection and punishment and cause long-lasting trauma for children who have already endured dangerous journeys to reach safety.  

Children should never be punished for living with undocumented family members. When sponsors are detained, these children are sent back into ORR detention centers or migrant shelters, instead of foster care placements, essentially causing the very harm they were put into the foster care system to avoid. 

 

Call to Action: Center Children, Not Enforcement 

At Justice for Kids®, we believe that every child deserves protection, representation, and the opportunity to thrive. The current practices of unannounced enforcement operations and the lack of legal representation for unaccompanied minors are contradictory to these values. We advocate for: 

  • Restoring and securing funding for legal services to ensure that all unaccompanied minors have access to representation
  • Separating child welfare responsibilities from immigration enforcement to prevent the misuse of protective services. 
  • Implementing trauma-informed care practices to support the mental and emotional well-being of affected children. 

As we grow our reach, Justice for Kids® is committed to supporting children across country. With nearly four decades of experience in this arena, we’ve cultivated a robust network of trusted partners and resources nationwide. While expanding our presence, we stand behind the efforts of communities, advocates, and legal professionals working to protect unaccompanied youth. Our mission is rooted in equity, and we will never stop pushing for systems that truly serve children. 

If you or someone you know is caring for an unaccompanied child affected by these policies, Justice for Kids® can help connect you with the appropriate resources. Through our extensive professional network, we can direct you to practitioners with the expertise and experience necessary to advance your cause.  We fight for the rights of children who are placed in harm’s way by the very systems meant to protect them, especially when immigration enforcement is disguised as child welfare.  

Child welfare should mean safety. Not fear. Not raids. And never silence. 

 

 

Justin Grosz, Esq.

Lead Partner, Justice for Kids

754-888-KIDS (5437)

Email 

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Special thanks to Maya Behar, Research and Content Intern for Justice for Kids®, whose comprehensive research, detailed analysis, and substantive input were essential to the development of this article. 

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