In January of this year, President Donald Trump signed his Executive Order: Border Security and Immigration Enforcement Improvements, creating more stringent deportation guidelines. As a result, many undocumented immigrants faced an uncertain future regarding their residency. Those placed in a particularly difficult position by Mr. Trump’s EO are undocumented immigrant parents with American born children.
On January 12, 2017, Division One of the Arizona Court of Appeals issued its opinion in SS., SS. v. Stephanie H., Garrett S., Colorado River Indian Tribes. The case examines the applicability of the “Indian Child Welfare Act of 1978 (“ICWA”) to a private severance proceeding brought by an Indian parent against a non-Indian parent on grounds of abandonment.”