Can CIS deport a minor?

[Lopay 0]

Hey, if you have read my other post, you'll understand why I am asking this. I have been told that a minor is not held responible for his/her time in the States. Is this true? Can a judge order a child deportated and that deporation be entered in on their record and held against them? If anyone happens to know where in the Immigration and Nationality act this can be found, it would be really helpful. I know that Section 212 (a) (9) (B) (iii) states

"(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I)".

That means they can't hold anytime that they were here, but what if they are ordered removed and the order is executed before a child reaches the age of 18? Can they hold that against a child?

[jula 0]

"(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I)".

... for the purpose of getting a 3 or 10 year bar . So, if they left on their own before the age of 18, they could have legaly re-entered any time after...

That means they can't hold anytime that they were here, but what if they are ordered removed and the order is executed before a child reaches the age of 18? Can they hold that against a child?

yes, that's different .. a removal results in a different 10 year bar (or 5 in some cases).

[Lopay 0]

thanks, that is what that I had figured. I understand that you have to deport children, but I can't say that I agree with baning them. A kid who's parents decide to enter the US doesn't look at their mom and say, I'm sorry mom, but it is against the US law to enter the US like this, I am going to stay here and fend for myself. I really wish that our government could actually get some kind of immigration reform to pass without just giving all of all of the illegals pardons. There should be something in here to protect children from being processed and baned if they can prove that they didn't come on their own (like some who are old enough to know what they are doing, say maybe over the age of 15.) But getting a law like that to pass would almost never happen.

[athena_ny 1]

thanks, that is what that I had figured. I understand that you have to deport children, but I can't say that I agree with baning them. A kid who's parents decide to enter the US doesn't look at their mom and say, I'm sorry mom, but it is against the US law to enter the US like this, I am going to stay here and fend for myself. I really wish that our government could actually get some kind of immigration reform to pass without just giving all of all of the illegals pardons. There should be something in here to protect children from being processed and baned if they can prove that they didn't come on their own (like some who are old enough to know what they are doing, say maybe over the age of 15.) But getting a law like that to pass would almost never happen.

The whole point is they don't get banned if they leave before the age of 18.