Can't be Deported if you have a child born in the US

[ncglenn 22]

Anchor babies as some call it, not legal but it's a scam that does get someone to stay longer than they would have and maybe find some other way to slip through the cracks and get legal status.

[TBoneTX 43,061]

Thread moved from Effects of Major Changes to General Immigration Discussion -- OP as stated is a general question, not a personal situation.

[TBoneTX 43,061]

That's great that you have helped so many.

Please read what I posted. TOS-violating comment deleted - VJ Moderation

Point to anything I wrote as wrong.

The memo is not the law. Even a first year law student knows this.

ICE can use its discretion in deporting people. The memo did not change that.

No where did I say that a parent would be deported.

[There's a] difference between a policy that utilizes discretion versus the fact that the President cannot unilaterally change the law. [sentence edited by VJ Moderation]

Even by your own post, some parents have been removed. Therefore, having a USC child does not mean an illegal parent will not be deported.

TOS-violating comments deleted from one post, with acceptable portion returned above.

Edited March 19, 2014 by TBoneTX

[TBoneTX 43,061]

[TOS-violating post, originally quoted here, is being deleted from the acceptable reply to it. -- VJ Moderation]

A lot of this depends on the mothers nationality. If you're a politician in a Latino community you won't get re-elected by the deportation of mothers of anchor babies. ICE will magically back off regardless of the law on the books.

Can the women be deported? Yes. Will she be deported? Maybe not. In this world it's not what you know but who you know.

Edited March 19, 2014 by TBoneTX

[TBoneTX 43,061]

One member has been banned from the thread for TOS violations.

[belinda63 2,981]

Immigration is covered by federal law, the states have nothing to do with it. Google parent of USC child deported and you will see it does happen. The law says if you are here without status you are subject to being deported, it says nothing about only if you don't have USC children. Enforcement is where Obama has issued guidelines but he cannot change the law, only Congress can do that. Many people come to the US thinking that if they have a child born here they won't be made to leave and they have found that to be incorrect.

[NickD 202]

We have the law, then we have the practice, from I can gather, this can vary by locality. By a Supreme Court decision, and child born in the USA is a US citizen, regardless of parentage. And as such, cannot be deported. On the other hand, babies or children that came here illegally and not born here, can be deported.

This is what Obama is talking about, they know no other life and want to give them an opportunity to become US citizens, but not law yet.

What the practice is here, if illegals or undocumented personnel if you prefer to be politically correct, the father is deported, but they let the mother stay to care for the children. But she is not permitted to work. But the children, US citizens are permitted to receive Medicaid, welfare, WIC, and food stamps that somehow the mom is suppose to also live off of.

What happens to the mother, don't have the slightest idea after the children reach adulthood, all this is new and was a dead subject. Until President Bush made an issue out of undocumented personnel and gay marriages. Supposingly to get our minds off of Iraq, suddenly we have around 13 million undocumented personnel here, although I have no idea how they came up with this number.

But the whole deal is based on your place of birth, something none of us had any choice of. Our DOS takes this very seriously, like with my wife going through the entire process of immigration. Even against her will, has her place of birth on her US passport, and the only way she can visit her family in her home country, is to maintain citizenship in that country so she can get a passport of that country that she must have to visit.

But the DOS calls this dual naturalization, when it fact, it is dual citizenship, another contradiction. And even contrary to the oath of the USCIS. So she is not a citizen of the US just like she was born here.

Ha, can blame her grandfather for this, but her grandfather and my grandfather wanted to leave war-torn Europe for a better life, no different than the Pilgrims coming here. Her grandfather just happened to get on a boat for South, where my grandfather got on a boat to North America. But in fact, they only lived 300 miles apart in Europe.

So the only issue here, is, where were you born!

[Avery Cates 1,141]

Only children born to parents of legal status get citizenship here would solve this.

Then the whole family could be easily deported with no fuss, no muss, as well they should be.

[Damian P 92]

I don’t think anyone here on VJ does not feel for the illegal immigrants. But my wife will tell anyone what she had to go thru to get here legally, and so have I many years ago. It is not fair to us legal immigrants to help people for no regard of our immigration laws. They know exactly the law, and they brake it anyhow, under the pretense of bettering there life’s. I know many illegals living and working many years in the U.S. having many children, and getting many benefits. NOT FAIR

I've never really subscribed to this theory. Yes, getting here legally is time-consuming and expensive, but once here, also affords you the means of going about your daily business without always having to look over your shoulder, and having to deal with the constant threat of discovery/deportation.

Folks that are so desperate to come here that, for example, picking fruit for a pittance represents a better opportunity than anything they have at home (not forgetting the extraordinarily risky business of jumping the border in the first place) have nothing but my sympathy - irrespective of the costly and drawn out way that I got here.

If Uncle Sam wants to keep them out, then he needs to do a better job at the border. Because once they've made it here, then good luck to them - God knows they need it.

Just my "progressive liberal" (LOL @ any non-tea party types being dubbed that) opinion, of course.

[aamirpearl 47]

Please can someone tell me if this is true...someone told me that Obama passed a bill that an illegal immigrant could not be deported if they had children born in the US is this true?

so not true and i prayed it wont ever be true if this was to happen every illegal would have make babies just for this purpose..

[Jeremy12095 8]

Just because President Obama issues a directive to an agency doesn't mean its an order. Its simply a formal request to comply. Does that mean every illegal immigrant with USC minor child will be safe absolutely not. Its a game of Russian roulette and I certainly wouldn't want to play. President Obama has been named the "deporter in chief" in several news articles. However under pressure Obama is reexamining the deportation procedure and may issue executive orders to make changes. When an executive order is issues then that becomes the new rule. Will this happen who knows....

On the flip side having a Minor USC child will help you in 18 or 21 years when the child can file the I-130 petition and the relative could obtain legal status through that. Hence the term Anchor baby.

There is an American island that has became a "tourist attraction" for mainly Chinese moms who are expecting, the company sells the whole shebang from flight to hospital and those children are born USC's, the parents return home and in a long time their children can apply for the I-130 to get their parents and relatives legal status. http://abcnews.go.com/blogs/headlines/2014/02/inside-saipans-industry-of-american-born-chinese-babies/

Edited March 19, 2014 by Jeremy12095

[Caryh 5,206]

at most, he issued an executive order to DHS ceasing the activity for a specified duration.

You should check into that, nowish.

It is still occurring though.

[scottym27 19]

I've never really subscribed to this theory. Yes, getting here legally is time-consuming and expensive, but once here, also affords you the means of going about your daily business without always having to look over your shoulder, and having to deal with the constant threat of discovery/deportation.

Folks that are so desperate to come here that, for example, picking fruit for a pittance represents a better opportunity than anything they have at home (not forgetting the extraordinarily risky business of jumping the border in the first place) have nothing but my sympathy - irrespective of the costly and drawn out way that I got here.

If Uncle Sam wants to keep them out, then he needs to do a better job at the border. Because once they've made it here, then good luck to them - God knows they need it.

Just my "progressive liberal" (LOL @ any non-tea party types being dubbed that) opinion, of course.

I like the cut of your jib, sir.

[doug/sherry 26]

its not illegal to have a baby anywheres, when you give birth you give birth! But, having a

baby thinking it will gain you the right to stay in the USA based on the baby being

born here is not illegal either. What is illegal would be overstaying a VISA. If you dont

self deport eventually the government will deport you. Some people get attorneys

hoping that because they have a baby here, they can stay. But all they do is waste

money and hurt themselves for future plans on comming back to the USA for any

reason.

[verysadguy 170]

In September 2013 Obama administration issued a policy telling immigration agents not to arrest and deport illegal immigrant parents of minor children.

http://www.alipac.us/f12/new-obama-policy-warns-agents-not-detain-illegal-immigrant-parents-286137/

I didn't know about this, and I must say as a tax-paying American I am disappointed. I'm also sure that this rule, as many other immigration policies, is liberalized. Whereas this policy says PARENTS, it doesn't discuss anything about situations where one parent is legal and a child's legal guardian but the other parent is illegal is a HUGE grey area in immigration "law." And is it really a law or a policy/directive. Who really knows. With only a few hundred thousand illegals removed out of the millions of illegals in this country that illegal parents compared to rapists, murders, car thieves, and drug dealers...deadbeat parents who are illegals simply seeking green cards are pretty low on the deporting queue. The bigger risk here that people miss is the billions of dollars we US taxpayers fork out to these illegals. The US is strong on anti-terrorism around the world, but these "immigration terrorists" are causing us BILLIONS. Yes, billions of dollars. This country has lost its way and diluted its population with blood sucking benefits abusers while our own US citizen children and benefit seeking individuals often go without needed support.