New York City's Administration for Children's Services (ACS) is facing a class-action lawsuit alleging racially discriminatory practices that disproportionately separate Black and Latino families. The suit highlights the ongoing struggle against systemic racism within institutions designed to protect vulnerable children, but which instead are accused of perpetuating cycles of trauma and inequality.

The lawsuit contends that ACS routinely abuses its 'emergency removal' power, a tool intended for situations of immediate danger, to remove children from their homes without judicial oversight. This practice, the suit argues, bypasses due process and disproportionately targets marginalized communities already facing a myriad of socioeconomic challenges.

The Family Justice Law Center's executive director, David Shalleck-Klein, condemns ACS's actions as a perversion of government power, transforming it into an unconstitutional policy of family separation that overwhelmingly impacts Black and Latino families. This echoes long-standing concerns that child welfare systems often reflect and reinforce existing racial biases.

The lawsuit draws attention to a disturbing statistic: an April 2026 study revealed that 90% of emergency removals by ACS affect Black and Latino families, while only 3% involve white families. This stark disparity raises serious questions about the criteria used for intervention and the potential for implicit bias to influence decision-making.

Julia Hernandez and Tarek Ismail, co-directors of Cuny Law’s Family Defense Clinic, contextualize ACS's policy within a historical framework of government practices that have terrorized Black and Latino families for generations. They emphasize the need to hold ACS accountable for its actions and dismantle the structures that perpetuate these injustices.

The U.S. Court of Appeals for the Second Circuit recently affirmed the unconstitutionality of separating families without judicial review when time permits, underscoring the importance of due process in child welfare cases. The court further held that caseworkers can be held personally liable for illegal family separations.

Plaintiff Denise Archer, using a pseudonym to protect her privacy, shares her personal experience of seeking assistance from ACS only to face a prolonged separation from her children. Her story illustrates the potential for ACS to become an instrument of oppression rather than a source of support for families in need.