Opinion | We need a plan, not prison, for immigrant children

On some recent days, more than 400 children were detained. Neither separating children from their parents nor detaining them together should occur simply because the government failed to plan.

February 14, 2026 at 10:59AM
Demonstrators across the street from the Whipple Federal Building at Fort Snelling on Jan. 18: Keeping children with their detained parents in such facilities may avoid one trauma but introduces another, write the authors. (Jeff Wheeler/The Minnesota Star Tribune)

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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.

ICE has been operating outside these norms. Parents are being detained without any meaningful assessment of who will care for their children or how separation or detention will affect them. Children’s futures are decided not by design, but by default.

Keeping a child with a detained parent may avoid the trauma of separation, but it introduces a different one: incarceration itself. Liam and his father were first held in a temporary holding facility in Minnesota, then sent to a “family residential center” in Texas. The distinctions between facilities matter administratively, but not developmentally. From a child’s perspective, these are carceral environments, regardless of what they are called.

In these settings, children are confined and subjected to surveillance, restricted movement and profound uncertainty, without the safeguards required in child-welfare systems. Even facilities designed for families disrupt routines, limit access to education and pediatric care, and expose children to toxic stress. Pediatric and mental health professionals agree these conditions are harmful to children and fall far short of basic developmental, educational and medical standards.

Separating children from parents is not a humane alternative to incarcerating them together. Research shows that children rely on stable caregivers to regulate stress and build healthy brains. Sudden separation from caregivers and confinement trigger intense, prolonged stress, increasing risks for anxiety, depression, post-traumatic stress, developmental delays and chronic illness. Parents suffer as well with worsening mental health, making reunification harder.

The line is clear: A child should never be routinely detained or separated solely because a parent has no available caregiver. Evidence-based, trauma-informed practices in public safety and child welfare settings provide clear guidance on prioritizing children’s well-being. Current immigration enforcement ignores these existing practices. Practical, proven steps exist:

  • Use community-based programs whenever possible: Supervised release and evidence-based case management have been used successfully with families in immigration proceedings. Federal programs like the Family Case Management Program achieved compliance rates above 99% at a cost of about $38 per family per day — a fraction of the expense of detention and the costs associated with wide-scale ICE operations. These programs maintain family stability while ensuring legal accountability.
    • Assess child welfare and caregiver availability before any forced separation or detention: Authorities should conduct an individualized, trauma-informed assessment of the child’s developmental needs and identify safe alternative caregiver arrangements. If none exists, detention or separation should be deferred unless there is a compelling public-safety reason. Any intervention must include a clear plan for care, continuity, and access to education, health services and trauma-informed support. If detention of a parent is unavoidable, children should be placed immediately with vetted relatives or sponsors.

      The law can be enforced without separating children from parents or incarcerating children because the state failed to plan for their care. In fact, public safety is strengthened and legitimized by the use of deliberate, accountable actions that protect children.

      We judge a society not by how efficiently it exercises power, but by where it draws its limits. Separating children from parents without regard for their best interests or confining them, even alongside their parents, crosses that line.

      Dr. Helen G. Kim is an assistant professor of psychiatry at the University of Minnesota Medical School. Rebecca Shlafer is an associate professor in the university’s Division of General Pediatrics & Adolescent Health. Their views are their own and do not necessarily represent the university.

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      Helen Kim and Rebecca Shlafer

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      Jeff Wheeler/The Minnesota Star Tribune

      On some recent days, more than 400 children were detained. Neither separating children from their parents nor detaining them together should occur simply because the government failed to plan.

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