Advocates call for deportation status to be considered in guardianship cases

By Noah Powelson

As federal immigration agents continue their crackdown across the city and state, a new bill introduced by a Queens legislator seeks to streamline the process of keeping children of deported parents in the care of their family members.

Queens State Senator Jessica Ramos rallied with parents and advocates early Tuesday morning outside P.S. 110 in Corona, Queens, calling on the legislature to pass the Family Court Guardianship Act before the legislative session ends. The bill, if enacted, would add deportation as one of the “extraordinary circumstances” the law requires for a Family Court judge to assign a non-parent family member as guardian of a child.

“Many times, when parents are deported and their children are left behind, they are left with a caring relative,” Ramos said. “When they go to Family Court, however, they encounter a very lengthy process with an application for guardianship that does not include deportation as an extraordinary circumstance, therefore delaying and creating another layer before ensuring legal guardianship for the child.”

Under current state law, a non-parent can apply to be a guardian of a child through Family Court, and a judge may grant that request if they find the child’s living situation meets certain “extraordinary circumstances,” including neglect, abandonment, abuse and other instances that can severely impact the child’s well-being.

This application is most often made and granted in cases where parental neglect or abuse of the child is proven. While it can also include when a parent or parents are incarcerated, deportation is not currently one of those conditions.

Aunts, uncles, grandparents, siblings and other non-parent family members can still apply for guardianship in Family Court, but it is a time- and money-consuming legal process.

Children whose parents were deported are regularly left in foster care.

Ramos, who is the primary sponsor of the bill, told gathered advocates on Tuesday the need was urgent as the continuous immigration crackdown by the federal government has made immigrant families fearful of what would happen to their children if they are ever picked up.

Ramos held the rally outside of the Corona elementary school, where multiple students had their parents deported by federal agents in recent years. Ramos was joined by representatives of the NAACP, Emerald Isle Immigration Center, National Domestic Workers Alliance, and parents of students at P.S.110.

The principal of P.S. 110, Eliza Gomez, said that whenever a deportation occurs, fear spreads among students and interferes with the learning environment.

“It’s so important that our students come to our school happy, safe and ready to learn, and they can’t do that when they are facing not being with their parents or when a parent is taken away,” Gomez said. “This is the first step that we are going to take so that we can protect our children.”

Elizabeth Tolaba, a parent, said the bill would give her peace of mind as her family plans contingencies in case her partner is deported. Tolaba, who spoke in Spanish during the rally and was interpreted by Ramos, said her family has a mixed immigration status and the thought of one of them getting picked up by Immigration and Customs Enforcement agents is a daily fear.

According to recent data released by Homeland Security, ICE arrests in New York are up in 2026, but overall deportation rates are lower compared to the same time last year.

Ramos urged her colleagues in Albany to pass the Family Court Guardianship Act before the legislative session ends in June.

“Right now, our children are being placed in jeopardy, and that can be fixed with a simple amendment to a Family Court application so that they can obtain guardianship a lot quicker,” Ramos said. “We’re asking for this to be treated with the urgency that it deserves.”