1. The Reuniting Immigrant Families Act:
A Case Study on California’s
Senate Bill 1064
SPARC Webinar/First Focus
Tuesday, May 28, 2012

2. State Policy and Reform Center (SPARC)
2SPARC (May 28, 2013)
First Focus is proud to coordinate SPARC, a project
designed to help state child welfare advocates make
an even bigger impact, and supported by the Annie E.
Casey Foundation and Jim Casey Youth Opportunities
Initiative.
Sign up for email updates at http://childwelfaresparc.com/
Policy Briefs and Webinars available at the SPARC website

3. Workshop Overview
1. INTRODUCTIONS of presenters
2. REVIEW SB1064 legislation
3. FEDERAL OVERVIEW of comprehensive
immigration reform and legislation impacting
children and family
4. AN INSIDER’S PERSPECTIVE of developing state
legislatino in partnership with community
partners
5. PROTECTING FAMILY UNITY, an update from
Arizona
3SPARC (May 28, 2013)

4. Presenter Background
4
Yali Lincroft is a Children’s Policy Consultant
for First Focus Campaign for Children. She is
a founding member of the Migration and
Child Welfare National Network and author
of numerous publications focused on the
intersection of immigration and child welfare
including “When A Parent is Incarcerated: A
Primer for Social Workers” for the Annie E.
Casey Foundation and “A Social Worker’s
Toolkit for Working with Immigrant Families.”
She is the primary author of SB1064.
CONTACT: yalil@firstfocus.net
SPARC (May 28, 2013)

5. Presenter Background
5
Wendy Cervantes is the Vice President of
Immigration and Child Rights Policy for First
Focus Campaign for Children. Before joining
First Focus, she worked at the Annie E. Casey
Foundation, was the Director of Programs at La
Plaza, an adult ESL instructor, and a
transnational community organizer. She is an
advisory member of the We Belong Together
Campaign. She has written policy briefs on
Comprehensive Immigration Reform
amendments, DREAM Act, HELP bill, and other
immigration/child welfare legislation.
CONTACT:wendyc@firstfocus.net
SPARC (May 28, 2013)

6. Presenter Background
6SPARC (May 28, 2013)
Alexandra Salgado is a Legislative Aide for
Senator Kevin de León (D-22). She managed
SB 1064 by developing the policy, building
support coalitions, and advocating for the
measure. Currently, she staffsSenator De
León on public safety, governmental
organization, immigration, foster care and
judiciary issues. She received a bachelor’s
degree in Political Science from Stanford
University, where she was active in various
sociopolitical groups focused on immigrant
and worker rights.
CONTACT:Alexandra.Salgado@sen.ca.gov

7. Presenter Background
7SPARC (May 28, 2013)
Laurie Melrood, is an Arizona consultant on
child and family welfare. Formerly a CASA
Coordinator and adoptions director for the
Pima County Juvenile Court, she was most
recently the founding director of KARE Family
Center, a nationally recognized multi-service
center for grandparents and relatives raising
children. She has developed resources,
provided workshops,and borderland tours
emphasizing social work best practice for
families involved in arrest, detention, and
deportation.
CONTACT: lamidbar@gmail.com

8. About SB1064 (de León)
• Bill signed by California Governor Brown on
September 30, 2012.
• Became first law in the country to address family
separation issues as a consequence of the current
immigration enforcement system.
• The goal of the bill is to keep children with their
families and out of the public child welfare
system whenever possible, and help separated
families receive appropriate care and due
process.
8SPARC (May 28, 2013)

9. Summary of SB1064
1. Authorize the court to provide an extension in the
family reunification period
2. Prohibit the use of immigration status as a
disqualifying factor in evaluating placement of a
child with a relative. Authorize use of a relative’s
foreign consulate id card or passport to be used to
initiate criminal records or fingerprint clearance
9SPARC (May 28, 2013)

10. Summary of SB1064
3. Require the California Department of Social
Services (CDSS) to provide guidance to social
workers on referring children eligible for
immigration relief options like Special Immigrant
Juvenile Status to receive assistance in acquiring
protective status
4. Require CDSS to provide guidance to counties to
establish MOUs with appropriate foreign consulates
in child custody cases
10SPARC (May 28, 2013)

11. http://childwelfaresparc.com/
http://sb1064.org
Website with California legislative history,
testimony, media, etc.
http://s4185.org
Website with New York legislative history
11SPARC (May 28, 2013)
For More Information

12. The Reuniting immigrant Families Act
Wendy Cervantes, Vice President of
Immigration and Child Rights Policy
May 28, 2013

13. National context
Why the increase in family separations?
• Shift from worksite raids to partnership with local law
enforcement
• No guidelines for protecting parents and children
impacted by enforcement actions under 25 people
• Failure of prosecutorial discretion policy/ mandatory
detention laws

14. Challenges for detained or
deported parents with children
in the child welfare system
• Lack of coordination between local ICE and child welfare agencies,
including lack of universal policies across the two systems
• Inability for parents to visit with their child, meet child welfare case plan
requirements, or participate in family court proceedings
• Bias among child welfare staff & family court judges against detained or
deported parents and undocumented caregivers
• Strict child welfare timelines that can result in the inappropriate termination
of parental rights
• Difficulty in coordinating reunification at the time of a parent’s release,
removal, or after removal

15. Federal Legislative Efforts
• HELP Separated Children Act ( Franken S.1399/ Woolsey H.R. 2607, 112th
Congress)
• Help Separated Families Act (Roybal-Allard H.R. 6128, 112th Congress)
• Foster Children Opportunity Act (O’Rourke H.R. 2036, 113th Congress)
• Border Security, Economic Opportunity, and Immigration Modernization Act
(S.744, 113th Congress)
• Includes provisions to promote family for kids with detained or deported
parents in child welfare system
• Includes provisions to promote family for kids with detained or deported
parents in child welfare system
• Help Separated Children Act amendment (Franken 7) passed by
unanimous SJC vote
• Discretion for Immigration Judges
• Pending House Immigration Reform Bill

16. Federal Administrative Reforms
• Detainee Locator
• Risk Assessment Tool
• Transfer Policy
• Pending Parental Rights Directive

17. www.firstfocus.net
Thank You
www.ffcampaignforchildren.org
wendyc@firstfocus.net

18. SB 1064 (DE LEÓN)
REUNITINGIMMIGRANTFAMILIESACT

19. Developing Policy
• Senator De Leon’s interest in the issue:
• Devastating impact of Secure Communities, an information sharing
program designed to identify immigrants in U.S. jails who are
deportable under US immigration law.
• Arrests can lead to deportation if Immigration and Customs
Enforcement (ICE) places a hold on immigrant, regardless of the
charge and even if not convicted.
• “Shattered Families” (Nov. 2011) report by Applied Research
Center: provided a comprehensive analysis of the impact of the
immigration system on families in the child welfare system.

20. State Perspective
• How can we improve our state child welfare system in the
absence of federal action?
• Clear that the most impactful improvements needed to happen with
ICE, which had failed to develop practices to protect children.
• Role of local law enforcement
• Role of child protective services and social workers

21. Research
• From a state perspective, the only real solution was to
improve how the child welfare system interacts with
immigrant parents.
• Understanding child welfare system in California
• Decentralized structure: Counties have a lot of flexibility and control
in determining regulations and practices.
• County limitations: Many rural counties do not have the same
staffing capabilities as the larger urban counties.
• Evaluating best practices
• Looked to counties that had immigrant specific approaches,
specifically LA County and Santa Clara County.

22. Building Coalitions
• The most helpful approach was getting strong support
from both child advocacy groups and immigrant rights
organization.
• In order to create a broad coalition, we targeted lead
groups from both issue areas that were willing to make
SB 1064 a priority bill.
• First Focus Campaign for Children
• Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA)
• California Immigrant Policy Center (CIPC)

23. Framing the Issue
• Important to make child welfare the central focus.
• Many state representatives have difficulty
understanding how the immigration system works and
why families get separated in the first place.
• Highlighting stories:
• Focus on children, not why the parent was arrested

24. Negotiating with Interested Parties
• Addressing California Department of Social Service’s
concerns:
• Recognizing Department’s limitations, especially in an era of
budget restraints.
• Pushing the envelope: Support from child welfare experts
(including County Welfare DirectorsAssociation of California)
allowed us to understand what were reasonable expectations.
• Amendments to secure the Governor’s signature:
• Extending deadlines
• Conforming bill language to existing law and regulations

25. For more information…
Please feel free to contact me for SB 1064 factsheets and
any additional information:
Alexandra Salgado
Office of Senator Kevin de León
Phone: 916-651-4022
Email: alexandra.salgado@sen.ca.gov

26. PROTECTING IMMIGRANT FAMILY UNITY:
UPDATE FROM ARIZONA
Laurie Melrood, LMSW
Advocacy & Consult ing LLC
Tucson, Arizona
lm elrood@gm ail.com
May 28, 2013
THE REUNITING IMMIGRANT
FAMILIES ACT

27. FEDERAL & STATE ENFORCEMENT POLICIES
AFFECTING IMMIGRANT FAMILIES IN ARIZONA
ICE ACCESS program s -- Agreem ent s of Cooperat ion in
Com m unit ies t o Enhance Saf et y and Securit y, an
um brella enf orcem ent st rat egy
 287-G Agreem ent s
 Secure Com m unit ies (S-Com m )
 Crim inal Alien Program
 Nat ional Fugit ive Operat ions Program (N-FOP)
 Arizona SB 1070 (Support Our Law Enf orcem ent & Saf e
Neighborhoods Act ) 2010
 Arizona Taxpayer & Cit izen Prot ect ion Act , 2010

28. COLLABORATIVE RESPONSES TO ENHANCE
IMMIGRANT FAMILY UNITY
 Press Conf erence on “Shat t ered Fam ilies” ASU
School of Social Work, 20 Sponsoring
Organizat ions
 Int er-regional Im m igrant Parent and Child
Welf are Com m it t ee -- Juvenile Court s, ICE, AG,
CPS, Legal Organizat ions, Child Advocat es
 SB 1303 and SB 1307 -- St at e Sen.Lopez, Child
Advocat es, Im m igrat ion law yers, Girl Scout s,
Grandparent s Raising Grandchildren
 Fam ily Unit y Manual -- U of Arizona Law
School, FIRRP, St ept oe & Johnson (DC)

29. FUTURE TRENDS: SUPPORTING IMMIGRATION
REFORM WITH
CHANGES FROM THE BOTTOM UP
 The Im m igrant Parent & Child Welf are Com m it t ee,
rshelley@court s.az.gov
 “Shat t ered” -docum ent ary by Jaim e Gonzalez and Lat ino
Policy Coalit ion, w w w .lat inopolicycoalit ion.org
 “Le Prix des Enf ant s” -- docum ent ary on separat ed
f am ilies, Spanish w / French subt it les, France, ARTE-TV, Fall
2013, lugones.robert o@gm ail.com
 Com m unit ies of Prot ect ion/Redes de Prot eccion --
Fam ilies Organizing t o Prot ect Parent al Right s,
nom oreborders@gm ail.com
 Com m unit y Educat ion: Border Social Service Tours
lm elrood@gm ail.com , May and Oct ober, 2013
COME VISIT!