For many families, the fear of deportation is more than just a possibility — it is a constant worry. There are more U.S.-born children with undocumented parents than you might think. When deportation becomes a reality, it can turn their world upside down. The emotional toll, financial strain, and legal uncertainty can be distressing and overwhelming.
No parent wants to think about the risk of deportation and being separated from their child, but understanding your legal options can make you feel a little more comforted. So, what does U.S. law actually say about it?
Our family immigration lawyers in Los Angeles are here to walk you through the options available to non-citizen parents facing deportation — and how to best handle this difficult situation with a skilled deportation attorney by your side.
What Options Do I Have for My Minor Child if Authorities Detain or Deport Me?
Planning ahead and preparing for the worst-case scenario can help alleviate some of the anxieties associated with deportation. Worrying about the future and potential unknowns can cause more anxiety, but knowing your options and having a plan in place can help you feel more secure.
If you face deportation, there are three main options for your U.S.-born minor children:
Remain in the U.S.
As a citizen, your child has the right to remain in the United States. But of course, as a minor, they will need to be placed under the care of a legally assigned guardian. This could be a relative, family friend, or another suitable guardian appointed by the court.
Move Abroad with You
You have the option to bring your child with you to your home country. To do so, your child will need a valid passport to leave the U.S. It is crucial to make arrangements for their passport and travel documents well in advance.
Enter the Foster Care System
If your child is not assigned a guardian and does not accompany you abroad, they may be placed in the foster care system. This is a legal arrangement where the state assumes temporary custody of the child until a suitable, long-term solution, such as guardianship or adoption, is established.
Can I Remain Involved in My Child’s Life if Authorities Detain Me?
Yes. Even if Immigration and Customs Enforcement (ICE) detains you, you still have legal rights as a parent. Under ICE’s Parental Interests Directive, detained parents and legal guardians can remain involved in their child’s life. This includes visitation, participation in family court or child welfare hearings, and access to services or programs ordered by the court.
ICE may also allow you to have phone or video calls with child welfare agencies, attorneys, or court officials. In some cases, they may also allow you to appear in court, especially when custody or parental rights are at stake. This helps ensure you can continue to advocate for your child even if you are detained.
Planning Ahead Can Make a Difference
If you are concerned about the possibility of being detained or deported, taking steps now can help protect your minor child and give you some peace of mind. You may want to assign a temporary legal guardian through a written agreement, make sure your child has valid travel documents, and keep important records in a safe and accessible place.
Reach Out To a Family Immigration Law Firm
We highly advise seeking legal advice to fully understand your rights and explore all the options for your child’s care in the event of deportation. Our team of California immigration lawyers is committed to guiding you through which option is the best fit for your specific situation and helping you take the proper steps now to prepare.
Whether you are navigating guardianship, facing an upcoming hearing, or already in detention, we are here to support you. Fill out our contact form today to discuss your specific case with an experienced deportation attorney.
