Children often inherit the consequences of their parents’ actions and decisions. While some children may have crossed the border illegally, others arrived with a visa or another form of documentation that was valid and decided to stay for a longer period.
Children born to undocumented parents in the United States are automatically citizens of the United States and enjoy all rights. Undocumented immigrant children born in the United States will be granted “birthright citizenship.” This right is automatically conferred upon being born in the United States. The Fourteenth Amendment of the U.S. Constitution grants this right.
What rights do the parents of these children have? Many people believe that having a child here (who is automatically U.S. citizen) gives parents legal immigration status. This is incorrect.
Foreign-born children born in the U.S. may not be able to apply for immigration status if they aren’t legal. Even if the children are able to make connections with the U.S. through marriages, children and job opportunities, their past unlawful stays in the U.S. can be a significant procedural obstacle to legalization.
President Obama created the DACA program to allow some children without documentation to be granted a temporary quasi-legal right of stay in the United States. However, President Trump ordered the end of this program. This was followed up by several lawsuits. The U.S. government was ordered to accept renewal DACA applications in 2018. The Supreme Court will decide the fate of DACA, which is expected to be made in 2020.
Enforcement of Immigration Against Children
Illegal immigrants in the U.S. can be deported or removed from the country if they are caught by immigration authorities, or in certain states by other law enforcement agencies.
In most cases, such deportations shouldn’t take place without the child and/or family members having an opportunity to defend themselves in immigration court. They could also present defenses in court, including a claim for asylum or a right of green card eligibility through close relatives who have U.S. immigration status, or as ” special-immigrant juveniles”.
The exception that is most significant is “expedited Removal”, in which non-citizens who are apprehended while trying to enter the United States may be returned without having to see an immigration judge. This is exactly what happened recently with many Haitian migrants coming in from the Mexico border.
While expedited removal was originally used against “arriving aliens” found less than 100 miles from Mexico or Canada, and who had illegally entered the country within 14 days, the Trump Administration has greatly expanded this concept.
In 2017, President Trump signed an Executive Order titled Border Security Improvements and Immigration Enforcement Improvements,” stating that expedited removal should be extended to the full extent permitted by law. DHS Security John Kelly issued a memo in which he stated that any immigrant apprehended who has not been officially inspected at U.S. borders and cannot prove that they have been present in the U.S. continuously for more than 2 years would be subjected to expedited removal.
Undocumented Children’s Rights to Attend U.S. Public Schools
Undocumented children can attend U.S. primary and secondary schools under a U.S. Supreme Court case, Plyler vs. Doe (477) U.S. 202 (1982). They may, like all children, be required to attend school by law in the state where they reside.
U.S. public schools should not create barriers for undocumented students enrolling. They should also not inquire about or require parents or students to document their immigration status. Children in financial hardship can join the free lunch and breakfast programs for undocumented children.
Can Children Born in the U.S. Petition for Undocumented Parents
Many people believe that having a child here (who is automatically U.S. citizen) gives parents legal immigration status. However, this is not true. U.S. immigration law permits a U.S. citizen only to petition for his or her parents after turning 21. And in order to get through the financial-sponsorship aspects of the petition process, that child will need to be living in the U.S. and earning a high enough income to support his or her parents as well as any other household members.
Additional barriers arise in cases where parents are illegally living in the U.S. and waiting for their child’s 21st birthday. Based on their illegal presence for more than a decade, they are considered inadmissible and must remain outside the U.S. for at least ten years before applying to obtain a green card to allow them to return to the U.S. In some cases, a waiver of unlawful presence may be possible. However, it will likely take the assistance of a lawyer to obtain.
Check out the following link to access frequently asked questions on ESL and Bilingual Law in New Jersey.
https://hctutorial.com/esl-and-bilingual-frequently-asked-questions/
Free Sheltered Instruction Online Course
https://www.youtube.com/channel/UCL_e48z694tw9bqI1mUbHjg
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