Can you be deported without your children?

On Behalf of | Jan 25, 2022 | Family Immigration

Say that you entered the United States illegally and had children while you were here. Those children automatically become citizens due to birthright citizenship. This doctrine states that anyone born on U.S. soil is automatically a United States citizen, even if their parents are not.

It is then discovered that you are undocumented, and you get deported. Would your children be sent with you? Or would you be deported without them?

Many parents have been deported without their families

Unfortunately, the fact of the matter is that deportation breaks up families quite frequently. It is common for parents to be deported when their children are not, perhaps because the children have a different status than their parents. The government does not have to use an all-or-nothing approach, where they deport the whole family or let everyone stay. They can break it up as they see fit.

In many cases, these children who are left behind wind up living with other family members. Perhaps there are grandparents who are legally in the United States, or maybe your partner was a US citizen and you were not. The children will still have someone to take care of them, ideally, but that’s still not the same as getting to be raised by their actual parents.

What should you do if you’re facing deportation?

If you are worried about deportation and the effects it’s going to have on your family, it’s very important for you to know about all of your legal options. This can be a very difficult situation, and you need to know what steps to take, especially if you still have very young children. It can help to work with an experienced team that has been through this before.