What to Do If Your Family Faces Deportation: Key Legal Solutions
Shawn Sedaghat, Esq.
Deportation is a deeply stressful and overwhelming situation for any family, and the possibility of family deportation in the U.S. is something that affects thousands of families every year.
If your family is facing this difficult situation, it’s essential to understand the legal solutions available to help keep your family together.
Deportation can tear families apart, separating citizen children from their undocumented parents and causing significant mental health and emotional impacts on everyone involved.
But don’t worry, this guide will walk you through key strategies and legal options you can use to fight family deportation in the US.
What Is Family Deportation?
Family deportation in the U.S. occurs when one or more family members are removed from the country, often leaving U.S. citizen children behind.
This can happen for a variety of reasons, including a family member’s immigration status being undocumented, overstaying a visa, or having certain legal convictions.
The impacts of deportation extend beyond the individual facing removal— it can disrupt an entire family, leaving children without their primary caregivers, spouses separated, and family members struggling to cope with financial and emotional hardships.
Family Separation and Its Impact on Children
When parents are deported, children—particularly U.S. born children—are often left in a very vulnerable situation. The forced family separation can have lasting negative consequences on a child’s well-being. Many children face emotional trauma, disruptions in their schooling, and serious mental health challenges, such as anxiety and depression.
This impact is even more severe for citizen children, who are eligible to remain in the U.S., but often feel conflicted about whether to stay without their parents or leave with them.
The mental health of both children and deported parents can deteriorate quickly in such circumstances. Many children lose their sense of stability and financial support, especially if the deported parent was the primary provider.
These negative consequences highlight the importance of exploring every legal option available to avoid family deportation.
Key Legal Solutions to Fight Family Deportation
If your family is facing deportation, you do have legal options. Understanding these options and taking the right steps can help protect your family from being torn apart.
1. Apply for Cancellation of Removal
One of the primary defenses against deportation is Cancellation of Removal. This form of legal relief can be used by undocumented parents who have lived in the U.S. for a significant amount of time and can prove that their removal would cause extreme hardship to a U.S. citizen or lawful permanent resident family member.
To qualify for Cancellation of Removal, the person facing deportation must meet specific criteria:
- The individual must have lived in the U.S. for at least 10 years.
- The person must show good moral character.
- The individual must demonstrate that deportation would cause “exceptional and extreme hardship” to a U.S. citizen or lawful permanent resident family member, such as a spouse, child, or parent.
This solution is particularly relevant for families with citizen children who would suffer greatly if their parent were deported. Demonstrating the emotional, financial, and well-being hardships these children would face can strengthen your case.
2. Deferred Action for Childhood Arrivals (DACA)
If you or a family member came to the U.S. as a child, DACA (Deferred Action for Childhood Arrivals) may provide temporary relief from deportation. While DACA does not grant permanent residency, it can offer temporary protection from deportation and work authorization. This program is especially important for families with U.S. born children who want to ensure that they have at least one parent with temporary legal status.
3. Adjustment of Status Through Family Petitions
For families where one member is a U.S. citizen or lawful permanent resident, it may be possible to adjust the immigration status of an undocumented family member through family petitions. A U.S. citizen can petition for their spouse, parents, or children to adjust their status and obtain permanent residency.
This solution may involve the family member leaving the U.S. temporarily to process their visa at a U.S. consulate abroad. However, under certain conditions, the individual may qualify for a waiver of inadmissibility, allowing them to remain in the U.S. while their application is processed.
4. Prosecutorial Discretion
Another legal tool that may be used to avoid deportation is prosecutorial discretion. This allows Immigration and Customs Enforcement (ICE) to prioritize which cases to prosecute and may result in the deferral or closure of deportation cases that do not involve criminal offenses or pose a threat to national security.
Prosecutorial discretion is often granted in cases involving families with U.S. born children, or where deportation would result in severe financial support disruptions or emotional harm to the family. It’s important to present compelling evidence that deportation would harm the well-being of citizen children or lawful permanent residents.
5. Temporary Protected Status (TPS)
Families from countries experiencing armed conflict, environmental disasters, or other extraordinary conditions may be eligible for Temporary Protected Status (TPS). This temporary relief allows individuals from designated countries to live and work in the U.S. without fear of deportation for a certain period.
While TPS does not provide a path to permanent residency, it offers valuable time for families to explore other long-term solutions and avoid family deportation.
6. Asylum and Refugee Status
If a family member or the entire family fears persecution in their home country, applying for asylum may be an option. Asylum is granted to individuals who can prove that they are being persecuted based on their race, religion, nationality, political opinion, or membership in a particular social group.
Asylum seekers may be able to stay in the U.S. if they can demonstrate a credible fear of returning to their home country. This is a complex process, but an experienced immigration attorney can guide your family through the necessary steps to apply for asylum.
The Role of Mental Health in Family Deportation
Family deportation doesn’t just impact immigration status—it has significant mental health consequences for everyone involved. When parents are deported, children often suffer emotionally, and the stress of the situation can cause serious mental health issues, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Families facing deportation must present strong evidence of these mental health effects in court to demonstrate the negative consequences deportation would have on the well-being of U.S. born children. Evidence such as reports from mental health professionals, school counselors, and teachers can strengthen the case for keeping families together.
Steps to Take If Your Family Is Facing Deportation
If you and your family are at risk of deportation, taking action immediately is crucial. Here’s what you can do to help your case:
1. Gather Important Documents
Ensure you have all necessary documents ready, including:
- Birth certificates of U.S. citizen or U.S. born children.
- Financial documents showing your role in providing financial support to the family.
- Medical records for any family members with special needs or health issues.
- Records from mental health professionals showing the impact of deportation on your family’s well-being.
2. Consult an Immigration Attorney
Working with an experienced immigration attorney is one of the most important steps you can take. A lawyer can help you understand your legal options, file the necessary paperwork, and represent you in immigration enforcement proceedings.
3. Prepare a Family Preparedness Plan
Create a family preparedness plan in case a deportation order is issued. This plan should include designating a trusted guardian for children, securing financial support for the family, and making sure you have all legal documents organized and accessible.
4. Show Evidence of Hardship
The key to fighting deportation is demonstrating that your family would face extreme hardship if you were removed from the U.S. Highlight the emotional, financial, and mental health impact on your family members—especially citizen children.
Conclusion
Facing family deportation in the U.S. is an incredibly difficult situation, but legal solutions are available to help keep your family together. Whether it’s through Cancellation of Removal, asylum, or prosecutorial discretion, there are options to explore. The most important step you can take is to consult with an immigration lawyer to ensure you are using the best legal strategy for your family. With the right legal help and preparation, you can fight to stay together and protect the future of your family.
FAQs
1. What is family deportation?
Family deportation occurs when one or more family members are removed from the U.S., often leaving U.S. citizen or U.S. born children behind. This can lead to significant emotional and financial difficulties for the family.
2. How does family separation affect children’s mental health?
Family separation can cause severe mental health issues in children, such as anxiety, depression, and trauma. This is especially true for U.S. born children who may be separated from their undocumented parents.
3. Can an undocumented parent adjust their immigration status?
Yes, under certain conditions, undocumented parents may be able to adjust their immigration status through family-based petitions, Cancellation of Removal, or other legal relief options. Consulting an immigration lawyer is essential for exploring these options.
4. What role does mental health play in deportation cases?
Mental health plays a significant role in deportation cases, especially when it affects citizen children. Evidence of emotional and psychological harm can strengthen a case for avoiding deportation.
5. What should I do if my family is facing deportation?
If your family is facing deportation, the first step is to consult with an immigration lawyer. Gather important documents, prepare a family preparedness plan, and show evidence of the hardship that deportation would cause to your family members.