Parental Rights of ICE-Detained Parents You Should Know

• Basic rights of parents detained by ICE
• Custody and legal decisions
• Family protection guaranteed

Parents or legal guardians of minors who are detained or held in the custody of Immigration and Customs Enforcement (ICE) have clear, specific rights to ensure their children’s well-being as they go through an immigration process.

The National Immigration Law Center (NILC), in collaboration with the Center for Law and Social Policy (CLASP), published a guide summarizing the five most important things parents arrested by ICE must know about caring for their minor children.

Initial Rights for Parents Detained by ICE

“The five things detained parents should know about their minor children,” according to NILC https://t.co/XDZmcQe8dD

— Telemundo Chicago (@TelemundoCHI) November 22, 2025

“Parents and legal guardians detained by U.S. Immigration and Customs Enforcement (ICE) have the right to make decisions about the care of their minor children, even from inside ICE detention centers,” NILC states on its website.

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“Parents and legal guardians with an open child welfare case also have the right to stay involved in that case.”

Below is a breakdown of these essential ICE detainee parental rights, according to Telemundo.

1. Right to Make Decisions About Their Children Even if ICE Arrests Them

Detained immigrants still have the right to make decisions regarding their children under 18.

According to NILC, “If ICE arrests you, ICE policy requires the arresting officer to allow you to make the necessary arrangements for your child’s care.”

You may:

• Ask agents to call a relative or trusted person to pick up your child
• Decide who will temporarily care for your child

ICE agents cannot place your child in their vehicle or separate them from you unless they also have a judicial order to detain the child.

Parents are not required to disclose a child’s immigration status — only who will care for them. The designated caregiver must be a U.S. citizen or have legal status.

2. Right to Remain Near the Child While Detained

Parents and guardians have the right not to be transferred far away from their child while under ICE custody.

NILC explains that if the child has an open child welfare case, ICE must keep the parent near the corresponding court.

If there is a closer detention center, the detained parent may request a transfer, though ICE decides whether to approve it.

Parents also have the right to receive visits from their children during detention.

3. Right to Receive Help Planning the Child’s Care

Detained individuals may request assistance inside the detention center to make care plans for their child.

“Some jails have people called ‘custody and transfer coordinators.’ Their role is to help parents arrange for another person to care for the child during ICE detention,” NILC notes.

4. Right to Participate in the Child’s Welfare or Custody Case

A detained parent can remain involved in court proceedings related to their child’s custody or well-being.

“If you have a family or child-welfare hearing necessary to maintain or regain custody, you have the right to appear in person,” NILC explains.

To make this possible, the court, child welfare agency, or the parent must send ICE a written request such as a notice, letter, or court order.

5. Right to Decide Whether the Child Stays in the U.S. If the Parent Is Deported

If ICE proceeds with deportation, the parent has the right to decide what will happen to their child.

According to the guide, the parent may choose for the child to remain in the U.S., regardless of whether the child is a citizen or undocumented.

ICE must document this decision in writing; if not written, the agents must legally attest that they received a verbal instruction.

Parents also have the option to request that the child leave the country with them. In some cases, ICE may allow time to purchase plane tickets and travel together.

Another option is for the child to reunite with the parent later in the home country.

Before deportation, ICE must allow the parent to contact lawyers, consulates, and relatives to gather documents and make necessary arrangements for the child’s care — a crucial safeguard within ICE detainee parental rights.