What Happens to a Child if a Parent is Removed From the U.S.?

When a parent is at risk of deportation, the question of what will happen to their child becomes deeply urgent.

For families facing this situation, the possibility of separation raises concerns about the child’s care, custody, and future stability. Will the child stay in the U.S. with relatives or guardians? Can they reunite with their parent abroad?

Understanding the legal options and protections available can help families make informed decisions. Here, we’ll look at what happens to a child if a parent is removed and explore steps you can take to safeguard your family’s future.

The Scale of Parental Removal in the U.S.: By the Numbers

To understand the gravity of parental removal, we first have to understand its scale. According to the American Immigration Council:

• As of 2018, 4.4 million U.S.-citizen children under the age of 18 lived with at least one undocumented parent.
• Between 2011 and 2013, approximately 500,000 U.S.-citizen children experienced the removal of at least one parent.

These numbers represent a significant portion of America’s youth facing the trauma of family separation due to immigration enforcement.

Immediate Consequences of Parental Removal

Emotional and Psychological Impact

The sudden removal of a parent can be psychologically devastating for a child. Studies have shown that children who experience this trauma are at higher risk for:

• Depression and anxiety
• Post-traumatic stress disorder (PTSD)
• Behavioral issues and poor academic performance

A 2010 study examining immigration-related parental arrests found that the majority of affected children experienced at least four adverse behavioral changes in the six months following the event. These changes included increased crying, fear, changes in eating and sleeping habits, and heightened anxiety or aggression.

Economic Instability

The removal of a parent often means the loss of a primary income earner.

Research has shown that:

• Families can lose 40-90% of their income within six months of a parent’s removal.
• This sudden financial strain can lead to housing instability, food insecurity, and reduced access to healthcare.

A 2016 study found that counties with 287(g) agreements, which allow local law enforcement to collaborate with ICE, had substantially higher foreclosure rates among Latino households. This suggests a direct link between aggressive immigration enforcement and economic instability for affected families.

Educational Disruption

The impact of parental removal extends into the classroom. Educators report:

• Increased absences among students from immigrant families
• Declining academic performance
• Reduced parental involvement in school activities

A Stanford University study found that when communities entered into 287(g) agreements with ICE, the number of Latino students in local schools decreased by nearly 10% within two years. This indicates that the mere threat of parental removal can disrupt a child’s education.

Long-Term Consequences of Parental Removal

Health and Development

The trauma of parental removal can have lasting effects on a child’s health and development:

• Increased risk of chronic health conditions, including heart disease and diabetes
• Developmental delays in cognitive and emotional growth
• Higher likelihood of substance abuse and mental health disorders in adolescence and adulthood

A 2020 study in Atlanta, Georgia, found that the detention or removal of a family member was associated with significantly higher rates of suicidal thoughts, alcohol use, and aggression among Latino adolescents.

Intergenerational Impact

The consequences of parental removal can extend across generations:

• Children who experience this trauma are more likely to struggle economically as adults, perpetuating cycles of poverty.
• The stress and instability can affect parenting abilities, potentially impacting the next generation.

Legal Implications and Child Welfare

When a parent is removed, the legal status of their children becomes a pressing concern:

U.S. Citizen Children

While U.S. citizen children have the right to remain in the country, they face a difficult choice:

1. Stay in the U.S. without their parent, potentially entering the foster care system
2. Leave the U.S. with their removed parent, giving up the opportunities and rights associated with U.S. citizenship

The Child Welfare System

If children enter the foster care system, they face additional challenges:

• An estimated 5,000 children were in foster care due to a parent’s detention or removal in 2011.
• Children in foster care in counties with 287(g) agreements were 29% more likely to have detained or removed parents compared to non-287(g) counties.

The child welfare system is often ill-equipped to handle these cases, leading to prolonged family separation or even termination of parental rights.

ICE’s Detained Parents Directive and Its Limitations

ICE’s Detained Parents Directive, implemented in 2017, is meant to protect parental rights. However, it has significant limitations:

• It only instructs agents to “remain cognizant” of the impact on U.S. citizen children rather than mandating specific protections.
• The directive eliminated guidance for using prosecutorial discretion in cases involving children.
• It no longer emphasizes in-person visitation for detained parents and their children.

Challenges in Maintaining Parental Rights

Detained or removed parents face significant obstacles in maintaining their parental rights:

• Limited ability to participate in family court proceedings
• Difficulties in meeting requirements of reunification plans
• Lack of coordination between immigration enforcement and child welfare agencies

How Does Having U.S. Citizen Children Affect Removal Proceedings?

Having U.S. citizen children can be considered a positive factor during removal proceedings, particularly when seeking certain forms of relief from deportation. Here are the key ways it may affect proceedings:

Hardship Consideration

The presence of U.S. citizen children may be considered a factor in determining whether the removal of the parent would result in “exceptional and extremely unusual hardship” to the child. If such hardship is established, it may provide a basis for certain forms of relief from removal, such as cancellation of removal.

Cancellation of Removal

Non-permanent residents who have been continuously present in the U.S. for at least 10 years, have good moral character, and whose removal would result in exceptional and extremely unusual hardship to their U.S. citizen child may be eligible for cancellation of removal. However, meeting these requirements can be challenging.

Prosecutorial Discretion

Immigration authorities have the discretion to prioritize cases and may consider the presence of U.S. citizen children as a factor in deciding whether to pursue removal proceedings against a parent.

International Law Considerations

The United Nations Convention on the Rights of the Child, which the U.S. has signed but not ratified, emphasizes the importance of considering the best interests of the child in decisions that affect them, including in the context of a parent’s deportation.

However, it’s important to note that having U.S. citizen children does not automatically prevent a parent’s removal. Each case is evaluated individually, and the specific circumstances and available legal options may vary.

It’s essential for individuals in removal proceedings to consult with a qualified immigration attorney to understand their rights, options, and the potential impact on their families.

Mitigating the Consequences of Parental Removal on Families

Addressing the impact of parental removal on children requires a multifaceted approach:

1. Policy Reform: Implementing policies that prioritize family unity and consider the best interests of children in removal decisions.
2. Improved Interagency Coordination: Better communication between immigration enforcement, child welfare agencies, and family courts to prevent unnecessary family separations.
3. Expanded Legal Protections: Strengthening legal safeguards for parental rights, regardless of immigration status.
4. Community Support: Developing robust support systems for children and families affected by immigration enforcement.
5. Comprehensive Immigration Reform: Addressing the root causes of undocumented immigration to reduce the number of families at risk of separation.

The removal of a parent has far-reaching and often devastating consequences for children, families, and communities. As our society grapples with immigration policy, it’s crucial to consider the human cost of enforcement actions, particularly their impact on innocent children.

Comprehensive reform is needed to create an immigration system that balances enforcement with compassion and prioritizes the well-being of children caught in the crossfire of complex legal and political issues.

If your family is facing the threat of removal, you don’t have to handle this alone. The Law Office of Lina Baroudi is here to provide experienced legal support, helping you explore all available options to protect your family and minimize the impact on your children.

Contact us today to discuss your situation and find out how we can help keep your family together.