Department of Family Services

CONTACT INFORMATION: Monday–Friday 8 a.m.–4:30 p.m.
703-324-7500 TTY 711
12011 Government Center Parkway, Pennino Building
Fairfax, VA 22035
Michael A. Becketts
Director

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Understand Your Constitutional Rights

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(Posted 2026 April)

All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. As immigration enforcement continues to expand, the Fairfax County Foster Care and Adoption program is sharing some resources to raise awareness among resource families and youth in foster care about how to exercise those rights.

The American Immigration Lawyers Association and the ACLU of Virginia have provided some guidance that can help in these situations.

Guidance for all foster parents and caregivers:

  • If you are approached by law enforcement (local or ICE), immediately communicate that this child is in foster care.
  • If applicable, always have copies of immigration documents for the child with you. This includes SIJS petition, SIJS approval notice or receipt notice, G28, and/or work permit.**
  • Always have a copy of the child’s foster care court order with you. 

Guidance to share with youth in Fostering Futures and those 14 years and older:

  • If you are approached by law enforcement (local or ICE), immediately communicate that you are in foster care.
  • Always have copies of your immigration documents with you, if applicable. This includes SIJS petition, SIJS approval notice or receipt notice, G28, and/or work permit.*
  • Always have a copy of the foster care court order with you.
  • Ensure that you have a few key phone numbers memorized for emergency contacts in case you are unable to access them.   

Resources for Talking to children about Immigration

SIJS: Special Immigrant Juvenile Status (SIJS) is an immigration classification that allows certain undocumented immigrants to become lawful permanent residents (LPRs) in the United States. SIJS is available to young people who have been abused, neglected, or abandoned by a parent.

SIJ Petition: A Special Immigrant Juvenile (SIJ) petition is a request to US Citizenship and Immigration Services (USCIS) for permanent resident status in the United States for a child who has been abused, neglected, or abandoned.

SIJ Receipt Notice: A Special Immigrant Juvenile (SIJ) receipt notice is a Form I-797C, Notice of Action, that confirms USCIS received an SIJ petition. The notice includes a unique receipt number that can be used to track the status of the case.

SIJ Approval Notice: A notice from USCIS that your green card has been approved.

G-28: The G-28 is a form that indicates that an individual is represented by an attorney for immigration proceedings.  The form has the attorney’s name and contact information.

Work Permit: A work permit is a legal document issued by a government that authorizes an individual to work in a specific country, essentially proving they are legally allowed to be employed there; it's often referred to as an "Employment Authorization Document" (EAD) in the United States and is typically required for non-citizen workers to be legally employed within a country. 

Source: www.uscis.gov 

This article posting is part of the Foster Family News monthly newsletter designed to keep foster parents informed about all the new and notable happenings in Fairfax County.

Learn about what the Foster Care and Adoption program has planned for foster families - stay on top of trends, participate in trainings and learn about policy changes.

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