By Wendy Cervantes

As Immigration and Customs Enforcement (ICE) activities continue to impact communities and more children face the loss of a parent to deportation, it’s important to remember that policymakers across party lines have taken steps in the past to mitigate the harm of immigration enforcement on children. There has been an understanding that, regardless of differing views on immigration policy, ultimately no child should be unnecessarily separated from a loving parent. It is one of the reasons there was so much public outcry against the first Trump Administration’s horrific zero-tolerance policy that ripped kids away from their parents at the border.

For example, for more than 30 years there has been some form of a policy in place to restrict enforcement actions in places like schools and hospitals. Similarly, longstanding guidelines have ensured that during large enforcement actions, like worksite operations, protocols are in place to screen for parents and to provide advance notice to schools and child protective services. And for over a decade, an ICE directive has sought to ensure that parents detained by ICE have the ability to make decisions about their children’s care and participate in necessary proceedings if they have a child in the state child welfare system.  

While some of these protective policies have been rescinded, the directive related to protections for detained parents was replaced by a new directive under the Trump Administration in July 2025 entitled “Detention and Removal of Alien Parents and Legal Guardians of Minor Children” (“2025 directive”), replacing the Biden-era parental interest directive from 2022. 

This blog identifies key changes in the latest directive; what ICE protocols are still in place; how the directive can be used for oversight and accountability, even in today’s environment; and actions Congress can take to protect the rights of parents in ICE custody. 

1. What are the key changes between the 2022 and 2025 directives? 

While the 2025 directive is, overall, weaker than the 2022 parental interest directive, it continues to provide guidance on many important protections to preserve parental decisions and keep ICE accountable to procedures that are meant to protect parental rights. Among the main differences are the removal of protections for legal guardians of incapacitated adults, which was a new expansion under the 2022 directive, and the removal of humanitarian parole to enter the country for a termination of parental rights hearing. However, several protocols that are intended to afford parents the time and ability to make informed decisions and appropriate preparations for their children are still in the 2025 version.

2. What protective parental interest protocols are still in place? 

The 2025 directive outlines the ways in which ICE is to enable parents to make decisions about their children’s care and safety at the point of arrest, prior to removal, and throughout the removal process. It also provides protocols to help enable parents to visit with their children, and ensures that parents who have children in the child welfare system are able to engage in the reunification process, including the ability to participate in relevant court hearings. Importantly, the directive is applicable to parents and guardians of all minor children, not just U.S. citizen children. 

3. How can providers and advocates use the directive to protect families and hold ICE accountable? 

Organizations, attorneys, advocates, community members, and lawmakers can use the directive to help bring ICE into compliance with its own policies. It is important for attorneys and providers who are working with parents preparing for possible deportation to know about the policy and the protections they should demand from ICE if they are detained and facing deportation. For child welfare practitioners, it is important for them to understand how they can ensure ICE is allowing detained parents to participate in child welfare proceedings and meet other requirements.

Advocates and other stakeholders must demand transparency, including access to information that the directive is required to track—such as the number of people with parental interests in ICE custody, the number who have been deported, and whether or not they were afforded the opportunity to make decisions regarding their children. This both ensures consistent implementation of the directive and that the public more fully understands the extent to which ICE enforcement actions affect children.

4. What action can Congress take to cement protections for parents in ICE custody? 

Codifying and strengthening the types of protections included in the directive is the best solution to preserve the rights of parents in ICE custody. Legislation should allow for parents and legal guardians of minor children to be considered for release to continue to care and provide for their children. This was a key piece of the original 2013 directive, but was later removed.  Legislation should also extend protocols to all entities working with ICE, including local police who are collaborating on conducting enforcement actions. Additionally, legislation should strengthen data collection and transparency related to the directive. Short of legislation, Congress can also hold ICE accountable to its implementation of the directive through oversight measures.

Research has consistently found that immigration enforcement harms children and families. A study by CLASP conducted under the first Trump Administration found that even children as young as three were demonstrating symptoms of posttraumatic stress disorder simply due to the fear of possibly losing a parent. The heartbreaking reality is that millions of children are living with that same fear today as increased ICE arrests—fueled by unprecedented funding levels—tear through communities across the country. Thus, while it is expected that deportation efforts will continue to escalate and families will continue to be at risk, the 2025 directive serves as an important tool to help protect the rights of parents facing deportation.

For more information on the detained parent directive, please see these resources:

• Center on Immigration and Child Welfare Initiative: The 2025 ICE Detained Parents Directive Practice Advisory for Child Welfare Agency Administrators and Practitioners 
• Immigrant Legal Resource Center: The ICE Detained Parent Directive: How Child Welfare Agencies and Immigration Attorneys Can Advocate with ICE for Fair Treatment of Detained or Deported Parents