Nevada Among States Changing Custody Laws to Protect Children of Detained Immigrants

A wave of state legislation aims to prevent foster care placements for children whose parents are held by ICE during the Trump administration's mass deportation push.

As the Trump administration carries out what it has described as the largest mass deportation operation in U.S. history, Nevada and several other states have passed or are considering laws designed to keep children out of foster care when their detained parents have no family or friends available to take temporary custody of them. The legislative push comes amid a sharp rise in Immigration and Customs Enforcement detentions and growing concern about the long-term harm to children separated from their parents.

Surge in ICE Detentions Drives State Action

As of mid-February, nearly 70,000 people were being held by Immigration and Customs Enforcement. The record 73,000 people in detention in January represented an 84 percent increase compared with one year before. According to reporting from ProPublica, parents of 11,000 children who are U.S. citizens were detained from the beginning of Trump's term through August.

The news outlet NOTUS reported in February that at least 32 children of detained or deported parents had been placed in foster care in seven states. Sandy Santana, executive director of Children's Rights, a legal advocacy organization, said the actual number is likely far higher. "That, to us, seems really, really low," Santana said. The federal government does not track how many children have entered foster care because of immigration enforcement actions, leaving the full scope of the issue unclear.

Nevada and California Lead New Wave of Protective Legislation

Nevada and California passed laws last year to protect families separated by immigration enforcement actions. California's law, called the Family Preparedness Plan Act, allows parents to nominate guardians and share custodial rights — instead of having them suspended — while they are detained. Parents regain their full parental rights if they are released and able to reunite with their children.

Maryland, New York, Washington, D.C., and Virginia had already amended existing laws during Trump's first term to allow guardians to be granted temporary parental rights for immigration enforcement reasons. The current enforcement surge has prompted a new round of state-level responses across the country.

New Jersey Considers Expanding Standby Guardian Provisions

In New Jersey, lawmakers are considering a bill to amend a state law that currently allows parents to nominate standby, or temporary, guardians in cases of death, incapacity, or debilitation. The proposed legislation would add separation due to federal immigration enforcement as another allowable reason for activating such guardianship arrangements.

The push to expand standby guardian laws reflects a broader recognition that existing legal frameworks were not designed to address the specific circumstances created by immigration detention and deportation.

Legal Barriers to Reunification Once Children Enter Foster Care

Advocates warn that once a child enters state foster care, reunification with a detained or deported parent becomes significantly more difficult. Juan Guzman, director of children's court and guardianship at the Alliance for Children's Rights, a legal advocacy organization in Los Angeles, said that if a parent cannot participate in required court proceedings because they are in detention or have been deported, it is less likely they will be able to reunite with their child.

The legal barriers underscore why advocates and state legislators are focused on preventing foster care placements in the first place, rather than attempting to reverse them after the fact.

Health and Developmental Consequences for Separated Children

Separation from a parent is deeply traumatic for children and can lead to various health and psychological issues, including post-traumatic stress disorder. Prolonged, intense stress can lead to more-frequent infections in children and developmental issues. According to KFF, that "toxic stress" is also associated with damage to areas of the brain responsible for learning and memory.

In Oregon, as of February, two children had been placed in foster care after being separated from their parents in immigration detention cases, according to Jake Sunderland, a spokesperson for the Oregon Department of Human Services. "Before fall 2025, this simply had never happened before," Sunderland said, underscoring how recently the issue has emerged as a concrete policy challenge for state child welfare agencies.

What we know

• As of mid-February, nearly 70,000 people were being held by ICE, with a record 73,000 in detention in January — an 84 percent increase compared with one year before.
• Parents of 11,000 children who are U.S. citizens were detained from the beginning of Trump's term through August, according to reporting from ProPublica.
• At least 32 children of detained or deported parents had been placed in foster care in seven states, according to NOTUS reporting from February.
• Nevada and California passed laws last year to protect families separated by immigration enforcement actions.
• California's Family Preparedness Plan Act allows parents to nominate guardians and share custodial rights while detained, with full parental rights restored upon release and reunification.
• Maryland, New York, Washington, D.C., and Virginia amended existing laws during Trump's first term to allow guardians to be granted temporary parental rights for immigration enforcement reasons.
• In Oregon, as of February, two children had been placed in foster care after being separated from their parents in immigration detention cases — something that had never happened before fall 2025, according to the Oregon Department of Human Services.
• Sandy Santana, executive director of Children's Rights, said the reported number of children placed in foster care due to immigration enforcement appears "really, really low" compared to what he believes the actual figure to be.

Why it matters

Nevada's passage of a law protecting families separated by immigration enforcement places the state among a small group acting proactively to shield children from the foster care system during a period of historically high ICE detention rates. For Nevada families with mixed immigration status, the law provides a legal mechanism to ensure children remain with trusted caregivers rather than entering state custody — a process that advocates warn can make permanent family separation far more likely. The issue carries particular weight in Nevada, which has a significant immigrant population.

What’s next

New Jersey lawmakers are actively considering a bill that would expand standby guardian provisions to cover immigration enforcement separations. Other states may follow as the Trump administration's detention numbers remain at historically high levels. Advocates continue to press for federal tracking of how many children enter foster care as a result of immigration enforcement actions, a data gap that currently leaves the full scope of the issue unknown.

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