Undocumented families, and children in particular, didn’t use to have much reason to worry. Owing to a lack of funds, the government agencies responsible for deportation tended to focus their efforts on dangerous criminals. These days, as you can see just by switching on the news, that’s no longer the case. ICE has secured more funding than ever and is using it to deport every undocumented person they can get their hands on. Keep reading to learn how to overcome the fear and battle against deportation.
Who is Safe?
If your children were born on US soil, then they are US citizens and cannot be deported. This status is ironclad, it is extremely unlikely that any future immigration policy changes will revoke their citizenship. Once they turn 21, citizens can also petition for their parents to be granted permanent residence in the United States. Even if they weren’t born in the United States, your children may also be safe if they arrived before turning 16. Children can file for DACA which will keep them safe against deportation for two years if they are either currently a student or have graduated from high school. Politicians are currently arguing over whether to allow DACA to continue, meaning that the future of anyone in the program is uncertain.
What Happens if Parents are Deported?
If parents are deported and their children also do not have a right to be in the United States, then the family is generally deported together. However, the situation becomes tricky if the children are citizens or residents. If this is the case, the future of the children is determined in court. Typically, the children will either leave the country with their parents, be left in the care of a family member or be put into the foster care system. This decision is at the sole discretion of the judge, and asking for the child to be placed with a family member in the United States is no guarantee that they will be.
Life as an undocumented person can be scary, that’s why you need an immigration lawyer to light the way forward and help you live without fear. At Morgan Legal Group we offer unbeatable immigration law services. We know everything there is to know about immigration law and always offer attentiveness and personalized service. We can’t wait to find out how best to help you fight deportation.