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Foster Care, Immigration, and Citizenship: Pennsylvania Studies in Human Rights

Daniel Knight

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Published in Fragile Families: Foster Care Immigration And Citizenship (Pennsylvania Studies In Human Rights)

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Foster care is a temporary placement of children who have been removed from their homes due to abuse, neglect, or other circumstances. In recent years, there has been a growing number of immigrant children entering foster care, due to factors such as family separation at the border and unaccompanied minors seeking asylum. This has raised important legal and ethical issues regarding the rights and well-being of these children.

Fragile Families: Foster Care, Immigration, and Citizenship (Pennsylvania Studies in Human Rights)

by Naomi Glenn-Levin Rodriguez

5 out of 5

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Legal Issues

The legal framework for foster care and immigration is complex and ever-changing. Immigrant children in foster care may be subject to both state and federal laws, as well as international treaties. One of the most important legal issues is the question of citizenship. Under current law, only children who are born in the United States or who have become naturalized citizens are eligible for foster care benefits. This means that undocumented immigrant children are not eligible for foster care, even if they have been living in the United States for many years.

There are a number of legal challenges to this exclusion. One argument is that it violates the Equal Protection Clause of the Fourteenth Amendment, which prohibits states from denying equal protection under the law to any person. Another argument is that it violates the Flores Settlement Agreement, a federal court order that requires the government to provide adequate care to immigrant children in custody.

Ethical Issues

In addition to the legal issues, there are also a number of ethical issues involved in the intersection of foster care and immigration. One of the most important is the question of whether it is ethical to deny foster care to undocumented immigrant children. These children are often vulnerable and in need of protection, and denying them access to foster care can put them at risk of further harm.

Another ethical issue is the question of whether it is ethical to separate immigrant children from their parents at the border. This practice has been widely criticized by human rights groups, who argue that it is cruel and inhumane to separate children from their families.

Pennsylvania Studies in Human Rights

The Pennsylvania Studies in Human Rights (PSHR) is a research center at the University of Pennsylvania that focuses on the intersection of human rights and public policy. In recent years, PSHR has conducted a number of studies on the issue of foster care and immigration.

One of PSHR's most recent studies, "The Impact of Foster Care on Immigrant Children in Pennsylvania," found that immigrant children in foster care are more likely to experience trauma and have mental health problems than US-born children in foster care. The study also found that immigrant children in foster care are less likely to be reunited with their parents and more likely to age out of the foster care system.

PSHR's research has helped to raise awareness of the challenges faced by immigrant children in foster care. The center's work has also helped to inform policy debates on this important issue.

The intersection of foster care, immigration, and citizenship is a complex and challenging issue. There are important legal and ethical issues involved in ensuring the rights and well-being of immigrant children in foster care. The Pennsylvania Studies in Human Rights has conducted a number of studies on this issue, which have helped to raise awareness and inform policy debates.

Fragile Families: Foster Care, Immigration, and Citizenship (Pennsylvania Studies in Human Rights)

by Naomi Glenn-Levin Rodriguez

5 out of 5