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Five-year-old Liam Conejo Ramos was recently detained in Minnesota and then shipped to a federal detention center in Texas alongside his father. He was jailed not because a court deemed it necessary but because the system had no plan for his care.
Drawing on decades of experience treating families affected by generational trauma and studying the developmental and public health impact of parental incarceration, we have seen the profound toll this approach takes on children, parents and communities. The federal Feb. 12 announcement that Operation Metro Surge will soon end in the Twin Cities area does not alleviate our concern.
Liam’s ordeal is not an isolated incident. A recent analysis by the Marshall Project found that the daily number of children in Immigration and Customs Enforcement custody has jumped more than sixfold over the past two years. On some days, more than 400 children were detained. This is not merely a legal issue. It is a child-welfare crisis.
Two distinct but related practices are at issue: separating children from their parents, and detaining children alongside them. Both are governed by clear standards in U.S. law and international human rights principles. Both cause harm. And neither should occur simply because the government failed to plan for a child’s care following the arrest of their parents.
Across U.S. law, custody decisions do not happen casually. Family courts and child-welfare agencies are required to consider the best interests of the child. Judges weigh factors including safety, emotional bonds, stability and continuity of care. While these standards may be applied unevenly in practice, the guiding principle is clear: Children’s needs come first.
The United Nations Convention on the Rights of the Child holds that, in all actions concerning children, the best interests of the child must be a primary consideration, and that children should not be separated from their parents against their will except when competent authorities, subject to judicial review and in accordance with law and procedures, determine that separation is necessary for the child’s welfare. While not legally binding, international human rights law provides moral clarity: Children should not bear the consequences of adult legal proceedings, and when detention or separation are considered, due process and protective safeguards must be followed.