Under the first Trump administration, immigration enforcement ramped up, plunging millions of families across the United States into uncertainty. American-born children with undocumented parents faced the risk of separation as their families were targeted for deportation. Around 4.4 million U.S. citizen children live with at least one undocumented parent, so these separations had a widespread and devastating impact. In this blog, we’ll explore what happens to U.S. citizen children when their parents are deported, the legal hurdles they face, and what steps parents can take to protect their children’s future.
What Happens to US Citizen Children When Their Parents are Deported?
When an undocumented parent is detained or deported, the consequences for their children are immediate and severe. With little time to prepare, parents often have no plan for childcare, which can lead to children being placed into foster care. If no family members or close friends can step in, state child welfare agencies take over, ensuring the child’s safety and well-being.
This abrupt disruption can be incredibly traumatic for children. They may be forced to leave their home, school, and everything familiar, all while grappling with the sudden absence of a parent. For younger children, the situation is especially difficult. They may not fully understand what’s happening, but they can sense the fear, confusion, and uncertainty surrounding them, which makes the experience even more distressing.
Beyond the emotional toll, deportation sets the stage for long-term instability. A study revealed that U.S.-born children of unauthorized parents are 4% more likely to live in poverty when immigration enforcement ramps up. This financial strain often forces families to move, uprooting children from their schools and social circles and forcing a greater reliance on public assistance. The constant disruption can create an environment where the child’s sense of stability is continually shaken.
In the midst of their own legal battles, parents rarely have the time or resources to arrange proper care for their children. This lack of preparation can leave children facing years of uncertainty and upheaval. Whether they end up in foster care or are placed with relatives, the emotional scars often last longer than the immediate disruption. The ongoing instability, coupled with the emotional weight of being separated from a parent, can have a profound and lasting impact on a child’s well-being.
Legal Obstacles to Reuniting with Deported Parents
Even though U.S. citizen children have the right to live in the United States, their ability to return after leaving the country can be challenging. Reentry can be nearly impossible without proper documentation, such as a valid U.S. passport or birth certificate. This is particularly true if they’ve been living abroad for a prolonged period. When children have been outside the U.S. for years, their chances of regaining residency or re-entering the U.S. are slim without the right legal channels.
Additionally, reuniting with a deported parent within the U.S. can be a lengthy and legally complex process. U.S. immigration laws provide few protections for parental rights in the context of deportation. For example, some state laws require the termination of parental rights if a child has been living outside of a parent’s care for a specified period—usually 15 of the past 22 months. This means that even if the child wants to reunite with their parent, they may be legally prevented from doing so.
Deported parents often face further complications, such as being unable to attend family court hearings or fulfill the requirements for reunification. The absence of their legal presence in the U.S. can result in the termination of parental custody, even if they are fighting to maintain their family unit.
More: Top 5 Immigration Tips for Sponsoring a Family-Based Green Card
How Parents Can Safeguard Their Children’s Future
For undocumented parents, taking proactive steps to safeguard their children’s future is vital. While the legal system is not designed to make things easier for immigrants, parents can still take several actions to prepare for the worst-case scenario.
- Know Your Rights: Understanding your rights as an immigrant can help you make informed decisions about your family’s future. Seek guidance from immigration experts or attorneys who specialize in family law. They can help you understand what to do if you are at risk of deportation and ensure your children’s rights are protected.
- Designate a Legal Guardian: Before deportation becomes imminent, parents can designate a legal guardian for their children. This step is critical in preventing the state from placing your child in foster care. Designating a trusted family member or friend to take custody of your children can provide much-needed security for your child in case of detention.
- Prepare Important Documents: Make sure all legal documents, such as birth certificates, passports, and immigration paperwork, are up-to-date and accessible. This will help protect your child’s rights to remain in the U.S. and ensure their access to public benefits if needed.
- Create a Care Plan: Work with your family, community, and legal advisors to create a comprehensive plan for your child’s care during deportation. This plan should include custody arrangements, education, healthcare, and emotional support details. A clear, organized plan can help minimize the disruption to your child’s life.
- Seek Legal Assistance: If you are facing deportation, seeking legal advice as soon as possible can make a difference. Lawyers can help navigate the complex immigration system and ensure that all potential avenues for protection are explored.
Facing Deportation? Take Action to Protect Your Child’s Future Now!
Don’t wait until it’s too late—understanding what happens to U.S. citizen children when parents are deported is critical for ensuring your child’s well-being. Consult an immigration attorney who can help you understand your options and create a plan to protect your children. Acting swiftly is crucial to gaining control of the situation before deportation becomes a reality.
Call 954.667.3660 today to schedule a consultation and protect your family’s future.