Getting Deported Despite Having A Child Born In The US

You may know that children born in the United States are automatically given US citizenship under US law. However, parents of children born in the United States but are classed as illegal aliens don’t have the same rights as their US-born children. 

This article explains if you can be legally deported if you are a parent of a child born in the United States.

Can Having A Child Born In The U.S. Save You From The Risk Of Being Deported If You Are Undocumented?

Could You Be Deported If You Have A Child Born In The US?

The short answer is yes. It’s routine for illegal aliens to be deported from the United States, even if they have a child or several children born in the country. However, any child of an illegal alien cannot be deported from the United States. If you are detained and issued a deportation notice, you will have two options for your US-born child or children. You can choose to leave your child or children in the care of a trusted individual who agrees to become their legal guardian or travel to your country of origin with them.

If a parent opts to leave their child in the United States and they don’t have a friend or family member willing and able to become their child’s legal guardian, the child in question will become a ward of the state. Children who become state wards will be placed into the foster system. So parents need to think carefully before leaving their children in the United States without a willing guardian to raise them.

Obtain Permanent Residency With Help From Your Child

Once a child who is a US citizen turns 21, they can sponsor their parents and gain permanent residency in the United States. This makes it extremely difficult for children to help their parents gain green cards. Firstly, it is unlikely that their potentially undocumented parents will be able to remain in the United States for such a long period without being caught and deported. 

Secondly, for a child to petition for green cards for their parents, they’ll have to prove they have the finances to support their parents in the United States. In some cases, an adult child may only be able to afford to sponsor one of their parents, which can be problematic.

Deportation Of Undocumented Foreign-Born Children

While children born in the US cannot be legally deported from the country, children who are illegal aliens can be deported to the country they were born. Due to this law, many families are separated due to deportations. Children born US citizens leave the country with the rest of their families and lose out on all the opportunities the United States offers.

If You Are Caught Hiding From Immigration Authorities As An Illegal Alien

Suppose you are caught hiding as an illegal alien. In that case, immigration authorities will likely transport you to a detention center, where officers guard you until your immigration hearing. In some situations, you may be able to await your immigration hearing in your home by posting bail. 

You may also wonder whether authorities will hold your US-born child in your detention center with you. As long as you can prove that they were born in the United States, they should be able to stay with a trusted friend or family member.

If your child born in the US is illegally detained in a detention center, hire an attorney to represent them and help free them from that facility. However, if you have children born outside of the United States who are not legal residents, they will likely be held in a detention center with you.


Suppose you are currently residing in the United States as an undocumented alien. It is important to remember the consequences of having a child in the United States to try and remain in the country. Giving birth to a child who is a US citizen will not grant you permanent residency. If you require further immigration advice, it’s a good idea to contact an experienced immigration attorney.

Could You Go To Jail If You Are Getting Deported
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