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Thread: Will DACA Parents Be Forced to Leave Their U.S.-Citizen Children Behind?

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  1. #1
    Join Date
    Aug 2005

    Will DACA Parents Be Forced to Leave Their U.S.-Citizen Children Behind?

    Will DACA Parents Be Forced to Leave Their U.S.-Citizen Children Behind?

    The program offered beneficiaries a sense of security, but with work permits set to expire in the coming months, many of them are having to consider what comes next for their families.

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    With the cancellation of the Deferred Action for Childhood Arrivals program, an estimated 200,000 children are at risk of losing their parents.

    In September, the Trump administration announced it was rescinding DACA pending a six-month delay. The program is an Obama-era initiative that shields undocumented immigrants who were brought to the U.S. as children from deportation, and allows them to work legally in the country. Unless the Republican-controlled Congress passes a law granting them legal status, they could soon be subject to deportation. That uncertainty has instilled fear among many of the nearly 700,000 DACA recipients, but particularly those who are parents of U.S. citizens.

    “It’s been really tough, it’s been a rollercoaster of emotion,” said Eliana Fernandez, a DACA recipient and mother of two children, ages 10 and 5. “What’s going to happen with my life, with my work, with my children? I’ve been trying to process everything.”

    The vast majority of DACA expirations will come after March 5, 2018. According to the Department of Homeland Security, 275,344 individuals will have their work permits expire next year and 321,920 work permits are set to run out from January through August 2019. That means that hundreds of thousands of immigrants will suddenly be eligible for deportation and lose their ability to work legally in country.

    Though often described as “kids,” a majority of DACA beneficiaries are in their 20s—and some of them have children of their own. A recent study conducted by Tom Wong of the University of California at San Diego along with the Center for American Progress, National Immigration Law Center, and United We Dream found that 25.7 percent of DACA recipients have a child who is a U.S. citizen. “If extrapolated to the total population of DACA recipients, this suggests that at least 200,000 U.S. citizen children live in the U.S. currently who have a DACA recipient for a parent,” Wong told told The Daily Beast.

    While DACA was always supposed to be temporary, the ultimate outcome was meant to be legal status for its recipients, not deportation. Lawyers and immigrant-rights groups are working to address that by helping DACA parents map out what few options they have, and prepare for the possibility of deportation, in anticipation of their permits expiring. The National Immigration Law Center hosted a call this month to discuss the impact of terminating the program on the children of beneficiaries. “Many young people with DACA are parents, the majority to U.S. citizen kids. These children should be entitled to the same rights and opportunities as any other child,” said Marielena Hincapié, the executive director of the center.

    Trying to obtain legal status is out of the question for many DACA recipients. The process to becoming a lawful permanent resident requires individuals to have a qualifying petitioner and to have entered—and resided in—the country legally. The latter requirement bars a majority of DACA beneficiaries from obtaining legal status since they came into the U.S. illegally to begin with or they overstayed their visas.

    “The bottom line is: If there were some other form of relief, most DACA recipients would’ve already done it and been in the process.”

    Some DACA recipients might be eligible for cancellation of removal, which would shield them from deportation and provide them a green card. “What you have to prove is that you’ve been in the United States for 10 years, that you have a good moral character and your deportation would result in extreme, unusual, and exceptional hardship to a qualifying relative. It can be a child, parent, or spouse,” said Michelle Saenz-Rodriguez, an immigration lawyer in Dallas, Texas. Chances of qualifying are slim, however: Immigration judges are only permitted to grant 4,000 cancellations of removal per fiscal year. DACA parents are also having to consider power of attorney, the act of appointing someone to manage private affairs in their absence.

    Saenz-Rodriguez’s law office has received five or six queries per week about alternatives since the administration’s announcement to terminate DACA. “I think all the advocates are looking at whatever mechanisms are available,” Saenz-Rodriguez said. “The bottom line is: If there were some other form of relief, most DACA recipients would’ve already done it and been in the process.”

    DACA recipients are overwhelmingly from mixed-status families: some relatives are undocumented while others are U.S. citizens. DACA opened the door to opportunities, like earning a legal income, providing its beneficiaries with a sense of security.

    For Fernandez, an immigration case manager for Make the Road New York, a Latino advocacy organization, DACA allowed her to provide for her family. “I, thankfully to DACA, was able to graduate [from] college, work in the line of work like I always wanted to do. I became a homeowner,” she told me. Now, Fernandez, among other DACA parents, is having to grapple with how she’ll take care of her family and what to do if she’s detained.

    Trump has said that DACA recipients, all of whom must have a clean criminal record to qualify, are not enforcement priorities: “We are focused on criminals, security threats, recent border-crossers, visa overstays, and repeat violators. I have advised the Department of Homeland Security that DACA recipients are not enforcement priorities unless they are criminals, are involved in criminal activity, or are members of a gang,” he said in a statement.

    But according to Immigration and Customs Enforcement figures, there was an increase in “non-criminal” arrests between January 22 and April 29 compared to the same period in 2016, around 10,800 in 2017 to 4,200 in 2016.

    Karina Velasco, a DACA recipient and mother of a two-year-old girl, has had discussions with her husband about the possibility of being detained. “We discussed what would happen if a raid happens. We know that Immigration and Customs Enforcement is not going to honor DACA,” she told me. “We’re working on a plan: What’s going to happen? I don’t want my daughter to not have her mother; I don’t want my husband to not have his wife.” Velasco is in the process of adjusting her status to become a lawful permanent resident.

    Concerns about what may happen to an undocumented parent can take an emotional toll on a child and hinder their integration into society. “Although they have a secure status, the constant fear of losing a parent or coming home and not knowing if your parent is going to be here is something we’ve seen rise,” said Sally Kinoshita, the deputy director of the Immigrant Legal Resource Center, which frequently works with undocumented parents with U.S. citizen children. Kinoshita added that over time, some DACA recipients have adjusted their status to become lawful permanent residents.

    Still, the Trump administration’s decision to end DACA effects hundreds of thousands of its beneficiaries, and as many prepare to face the risk of deportation again, they’ll also have to wrestle with what comes next for their families, including their American children.

  2. #2
    Join Date
    Aug 2005
    You stole opportunities, educations, jobs and resources from American Citizens. Why would we want you to stay? There is no reason, that's why you're going to be deported and all your children removed with you. Your situation is not our problem, because you are not our responsibility. Time to stop whining and start packing.
    Last edited by Judy; 10-21-2017 at 04:54 PM.

  3. #3
    Super Moderator GeorgiaPeach's Avatar
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    Aug 2006
    Be responsible, loving parents and take your children with you.
    Judy, jtdc, posylady and 6 others like this.
    Matthew 19:26
    But Jesus beheld them, and said unto them, With men this is impossible; but with God all things are possible.

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  4. #4
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    The definition of an anchor baby is one who is born in the U.S. for the express purpose of establishing U.S. citizenship. In the past, illegal aliens came across the border, delivered their child in an American hospital, then went back to their country. Effectively, these ones just didn't go back their their country.

    As Judy said, those children got free education. How many students pay lots of money to come here for an education, then go back to their country as doctors, lawyers, engineers, teachers, computer techs, and a host of other careers that benefit their country? These children of illegal aliens have a head start in their home country over those others who have not benefited from the education they got.

    Those illegal aliens broke our law, which is the same for most countries. They have no right to be here. And whether they take their U.S. citizen children with them, or give them up to remain in the U.S. is a decision they must make. But they should not be rewarded for breaking our laws!

  5. #5
    Senior Member lorrie's Avatar
    Join Date
    Jan 2006
    Redondo Beach, California
    Pack up your illegal alien family, anchor babies, friends and neighbors and take all that education and employment experience you stole from an American citizen,
    back to your home country and build a brand new beautiful life!
    Beezer, nomas, southBronx and 2 others like this.

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  6. #6
    Senior Member Beezer's Avatar
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    Apr 2016

    The illegal parents are the guardians and custodians of THEIR minor children. Not USA or it's taxpayers!

    When your work permit expires...YOU take your whole damn family!

    You do NOT leave your minor children in another country ... deport the whole family.

    You gave birth to them...they are do not abandon them like a puppy you no longer want.



    lorrie, hattiecat, Judy and 2 others like this.


  7. #7
    Senior Member JohnDoe2's Avatar
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    PARADISE (San Diego)

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.

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  8. #8
    Senior Member 6 Million Dollar Man's Avatar
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    Feb 2017
    Quote Originally Posted by Judy View Post
    Will DACA Parents Be Forced to Leave Their U.S.-Citizen Children Behind?
    Ummm, who's forcing them to leave their children behind? Take the brats with you.

    ..............and quit being drama queens in order to gain sympathy by distorting the facts, and the wording of the facts, hoping that people are too stupid to know.
    Last edited by 6 Million Dollar Man; 10-22-2017 at 12:51 PM.
    Beezer, Judy and lorrie like this.

  9. #9
    Senior Member hattiecat's Avatar
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    May 2007
    Quote Originally Posted by Judy View Post
    You stole opportunities, educations, jobs and resources from American Citizens. Why would we want you to stay? There is no reason, that's why you're going to be deported and all your children removed with you. Your situation is not our problem, because you are not our responsibility. Time to stop whining and start packing.
    Yes, start packing, and take your illegal alien parents and anchor baby siblings back with you!
    lorrie, Judy and Beezer like this.

  10. #10
    Senior Member JohnDoe2's Avatar
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    PARADISE (San Diego)
    I.C.E. currently will not allow U.S. citizen children (anchor babies) to accompany illegal alien parents when they are deported out of fear that I.C.E., and the U.S. taxpayers, will be sued for deporting U.S. citizens.
    Parents even have to go to court to get permission for their kids to be taken out of the country by legal guardians to be left with the parents in their home country, or to be removed by the parents.


    Deported Mexican returns to N.C. to fight for custody of kids

    North Carolina DSS has argued that the children, who are U.S. citizens, would be better off in this country in the custody of other people. . .


    Court still undecided on custody of deported Mexican's kids


    N.C. Judge: Return US-born children to deported dad


    Deported Father’s Painful Legal Case Ends As Congress Debates Immigration Changes

    by Seth Freed Wessler, Tuesday, February 19 2013, 2:15 PM EST

    A deported father’s long, painful legal fight to regain custody of his children came to end today in a small North Carolina county courthouse. Felipe Montes, who lost his three U.S.-citizens sons when he was deported to Mexico in December 2010, stepped out of the court on this cold, rainy Appalachian day with his rights restored. He will now be allowed to take his children with him to Mexico.

    “I am happy this part is over, finally,” Montes said. “Now I have to make arrangements to go. But I’m ready to leave with my boys.”

    Felipe Montes’ case gained national attention last year after broke the storyand the Latino advocacy group launched a petition calling on Allegheny County, North Carolina to reunite the boys with their father. The case has become emblematic of the rippling consequences of deporting parents, an issue that’s gained prominence in ongoing national debates about immigration reform.

    “I grant legal and physical custody to the father, Felipe Montes,” Judge Michael Duncan said. “Good luck,” he added, before ending the short hearing.

    When Montes was deported following a series of driving violations, he left behind his wife, Marie Montes, to care for their two children. The couple’s third baby was born while Montes was locked inside a Georgia immigration detention facility.

    Marie Montes, who has long struggled with drug addiction and psychiatric disability, could not care for the children alone, and they were placed with foster parents who hoped to adopt the boys.

    But Felipe Montes protested, asking that the boys be placed with him. Until August, that appeared unlikely, but the case changed direction when federal immigration authorities, under pressure from the Mexican consulate, granted Montes a rare temporary immigration parole so he could attend the parental rights hearings.

    “When he came back, he was no longer this man in a far away place but a father right in front of them,” said Donna Shumate, Montes’ local court appointed attorney.

    In November, Judge Michael Duncan granted Montes custody of his children on a trail basis, and for the last three months, the father has lived with the boys in the basement apartment paid for by the Mexican Consulate for the Carolinas.

    Today, Judge said that the child welfare case would be formally closed; that Isaiah, 5, Adrian, 3, and Angel 2 will be fully returned to their father. Judge Duncan said that because the trial placement revealed no concerns with Montes’ ability to care for his kids, the country lacks a legal basis to retain custody of the children.

    The child welfare department seemed to anticipate this and told the judge this morning that they recommend the children be reunified with their father.

    Montes’ federal immigration parole requires that he leave the country before March 23rd. Montes plans to live with family in Tamaulipas, Mexico. Whether Marie Montes, who is a U.S. citizen, will join the family is unclear. The mother is currently incarcerated for parole violations and is pregnant with another child. The family has not decided where the new baby will live.

    Cases like the Montes’ have become increasingly common in recent years as the federal government deports historic numbers of people from the interior of the United States. In December, Colorlines reported that between July 2010 and September 2012, over 205,000 parents of United States citizens were deported from the country.

    Some of these parents lose custody of their kids entirely. In November 2011, a Colorlines investigation revealed an estimated 5,000 children were stuck in foster care because whose parents were deported.

    These separations have migrated toward the center of fledgling congressional debates over immigration. Earlier this month Representative Karen Bass, a California Democrat raised the issue during a House Judiciary Committee hearing on immigration reform.

    “Because of the deportations that have taken place over the last few years there are anywhere to [sic] 5 to 6000 children who have been placed in foster care because their parents have been deported—the children were citizens,” Rep. Bass said, referencing the 2011 investigation.

    In similar fashion, during a Senate Judiciary Hearing last week, Senator Al Franken, a Democrat, cited data from the December story. He then asked Secretary Napolitano to explain her agency’s practices when deporting parents. Napolitano said that Immigration and Customs Enforcement agents try to ensure children have other family members to care for children. But she added, “Where the parents need to be deported…in some cases we have to call in whatever the social agency involved in the state appears to be.” requested clarification on the policy from Immigration and Customs Enforcement, but the agency did not respond in time for publication.

    Senator Franken said during the hearing that he plans to introduce legislation to protect families from separation during the deportation process. States have started to move to protect families from going through what the Montes family has. In 2012, California governor Jerry Brown signed the a set of bills to address the needs of parents facing deportation whose children are in foster care. The laws were the first of their kind in the country, and legislators in several other states are considering copying California’s lead.

    North Carolina’s legislature is not one of these states, but for Felipe Montes, these changes would have come too late anyway. Though his children have now been returned to him, the father has been separated from his sons for two years and must now leave the country to raise the boys.
    Judy likes this.

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