What happens to citizen children if their parents are deported on arrival?
Suppose a family arrives at a US airport on an international flight (without preclearance). Suppose that, for some reason, the parents are not admitted and are instead sent back to their home country. Suppose the children are US citizens and very young (under 5, say). What would happen to the children?
Since the children are citizens, they cannot be deported. However, in this hypothetical scenario, they are too young to be simply left on their own in the airport. Assume the parents want to take their children with them and there are no relatives available to take them instead. Would the children be sent back with their parents?
My understanding is that the airline on which the family arrived is obliged to return the parents to their home country. But, as far as I know, the airline would not be obliged to return the children. This raises the question of whether the children can accompany their parents or whether the parents would be forced to abandon their children.
Best Answer
As I understand it, parents decide where their children stay and go, and the parents have a legal responsibility under family law to provide for their children. So it's not that the children are "sent back" by the government, but rather that the parents will choose to take their children back with them as the only way for them to fulfill their obligation to provide for their children.
An alternative would be if the parents can arrange for someone else in the US who will come and pick up their children from the airport, and who will provide for the children in the US in the parents' absence, that would be okay too.
But if the parents simply refuse to take the children with them when they are deported, and also do not arrange for anyone to take care of the children in the US, then the parents have effectively "abandoned" their children, in which case the local authorities and family courts will terminate the parents' parental rights and take custody of the children.
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Can a US citizen by birth be deported?
A US citizen\u2014whether he or she is born in the United States or becomes a naturalized citizen\u2014cannot be deported. When a US citizen commits a crime, due process and punishment (if convicted) takes place within the American legal system.When someone gets deported Where do they go?
What Happens When a Person Is Deported from the U.S.? If immigration officials become suspicious of the immigrant's activities or find evidence, they'll detain him/her at a detention center. These centers are located throughout the U.S. A case against the immigrant is then registered at an Immigration Court.Can someone who was deported visit the US?
If you were deported because of an aggravated felony, most likely, you will be barred from entering the U.S. for 20 years. If you were removed for a lesser charge, you need only wait for five or ten years before applying for a waiver.Are you an immigrant if your parents are immigrants?
The parent(s)' immigration status is not taken into account. This is due to the 14th Amendment of the U.S. Constitution, which reads that: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.When parents are deported, their U.S. citizen children find themselves in a foreign world
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