What Happens To Children Born In The U.S. To Illegal Aliens

There is great controversy today over immigration laws, immigration law reform, and the current concerns over illegal immigration.  One of the more controversial aspects of that controversy explores what immigration law says about children born in this country to parents without visas, or illegal aliens.

Historically, U.S. immigration law considers anyone born in the United States to automatically be the recipient of American citizenship.  It is an aspect of immigration law called jus soli, the “right of birthplace,” and has always guaranteed citizenship to those born on U.S. soil.  The primary exception to this immigration law is children born in the U.S. to parents who are subject to the jurisdiction of a foreign power, such as diplomats or hostile enemy forces.  

The aspect of immigration law called jus soli becomes controversial when the parents of a child born in this country are here without visas.  Nothing in American immigration law has dealt directly with children born under these conditions; therefore, they are presently considered U.S. citizens under that aspect of immigration law. 

It has been suggested that some aliens without visas intentionally give birth on American soil so that those children can sponsor their parents for naturalization under immigration law when the child turns 21.  Currently, immigration law provides no other way for those illegal alien parents to receive visas.  Children born in this way and for this purpose have been disparagingly called “anchor babies,” because it has been suggested that parents hope the child will “anchor” them to America.  However, during the complicated process that immigration law requires for aliens to obtain visas, it is unlikely that illegal aliens would go undiscovered.  If they are found to be here illegally, they may face being deported.  Moreover, under immigration law, it is nearly impossible for anyone who has been through the process of being deported to receive visas. 

Obtaining Immigrant Visas

If children who are American citizens do proceed, upon reaching the age of 21, to sponsor their parents for visas, because they are their immediate family members, immigration law gives that parent/child relationship one of the highest priorities in obtaining visas.  As a result, they do not face quotas which immigration law places on many categories of immigrant applications, and they can often be approved relatively quickly.  If those visas are approved, once a visa number becomes available and the parents receive their visas, they can re-enter this country legally.  
 
Getting Deported

Of course, this entire method of procuring visas is against immigration law, since the parents were in this country without visas in the first place.  As a result, the parents may have their illegal status revealed and the next step may be getting deported.  If that occurs, it will not matter whether their child is a U.S. citizen.  Without legal visas, getting deported is a very real possibility under immigration law. An Immigration lawyer can help with deportation.

Getting deported is a serious aspect of immigration law by which the federal government removes aliens from this country as a result of their violations of criminal or immigration laws.  Not only can getting deported cause aliens to lose the opportunity to procure visas, getting deported may cause them to be disqualified from even tourist visas.  
There are a number of reasons why aliens may face getting deported, including:

• Entering the U.S. while they were legally inadmissible by the immigrations laws in force at that time
• Entering this country without legal visas
• Failing to renew conditional permanent residence visas
• Aiding someone else to enter this country without legal visas
• Participating in a fraudulent marriage for the purpose of gaining immigrant visas
• Conviction of certain criminal offenses
• Endangering public safety or national security

The Legal Process of Getting Deported

Getting deported is a legal action under immigration law with steps designed to protect aliens from getting deported unfairly. 

The alien is notified to appear in immigration court to face charges that may lead to getting deported.

In court the alien has the opportunity to represent themselves or engage an immigration attorney to fight getting deported.

In the next court date the alien verifies the charges leading to their getting deported and allows them to apply for any relief from getting deported for which they are eligible.

If they are eligible for relief from getting deported, they appear in court again to present their defense from getting deported.

The judge may then hand down their decision or consider the case and release a written decision later

If the judge determines that the alien is getting deported, they have 30 days to appeal before the Board of Immigration Appeals, the U.S. Court of Appeals, or the U.S. Supreme Court.