What Happens to the Children of Deported Parents?
When undocumented parents are deported from the U.S., their children—many of whom are U.S. citizens—are left in a difficult position. These children of deported parents often face heartbreaking choices: should they leave the country with their parents, stay behind with extended family, or risk entering the foster care system? Each option presents emotional, legal, and logistical challenges that can profoundly impact a child’s future.
Birthright Citizenship and the Fourteenth Amendment
Children born in the U.S. are almost always considered citizens of the United States under birthright citizenship. This right is guaranteed by the Fourteenth Amendment, which says anyone born on U.S. soil is a citizen, regardless of their parents’ immigration status. The Supreme Court affirmed this in a key landmark case, United States v. Wong Kim Ark (1898), which upheld birthright citizenship for children of non-citizen parents.
As U.S. citizens, these children are entitled to legal rights and protections that may not extend to their undocumented parents.
Millions of Citizen Children Have Undocumented Parents
As of 2021, around 6 million children under 18 live in a home with at least one family member (often a parent) who is undocumented. Between 2011 and 2013, about 500,000 of those children experienced the deportation of a parent and by 2017, 17.8 million had at least one foreign-born parent, whether they were naturalized, legally documented, or undocumented.
For many of these families, deportation can lead to sudden and traumatic separations. These have long-term detrimental effects such as emotional, financial, and developmental repercussions.
What Options Are There for a Child When a Parent is Deported?
When a parent is deported, families often have difficult decisions to make. Three main outcomes can occur for their U.S.-born child:
- Leave with the parent: The child goes abroad with the deported parent.
- Stay with relatives: Many families sign custody over to a trusted guardian in order to stay in the U.S.
- Enter foster care: If neither of the above is an option, the child becomes a ward of the state.
Some families prepare for the chance of deportation. They might set up legal guardianship papers so that a trusted adult can care for the children if something happens. But not every family knows how to do this, and sudden immigration raids don’t always give families time to plan.
The Impact of Parental Deportation on Foster Care
In 2011, at least 5,000 children entered foster care because a parent was detained or deported. Recently, Immigration and Customs Enforcement (ICE) has carried out more raids in communities across the country. With ICE raids increasing in frequency this year, that number is expected to rise again.
While earlier estimates projected an increase of up to 15,000 additional children by 2016, we won’t know the full impact of current immigration enforcement until updated data is released through systems like the Adoption and Foster Care Analysis and Reporting System (AFCARS). What we do know is that any sudden rise in children entering the system can place extra pressure on child welfare workers and programs that are already stretched thin.
Because of the urgent and sudden need for placements among the growing number of children in the system, some may be placed in foster homes that haven’t been fully screened for safety or suitability. This rushed process increases the risk of children ending up in environments that may be unsafe, neglectful, or even abusive.
What This Means for the Foster Care System
Children of deported parents are often caught in the middle of a complicated situation. While they are legal citizens, their lives can change in an instant when a parent is taken away. Whether they stay with family, leave the country, or enter foster care, they face emotional stress and uncertainty.
As this issue continues to grow, it’s important for communities, lawmakers, and support systems to work together so that children in foster care need safety, stability, and support, no matter what their family’s situation looks like.
