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Old 02-11-2013, 04:48 PM
 
Location: San Diego, CA
10,581 posts, read 9,788,452 times
Reputation: 4174

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Sort of a hypothetical question. Except it's not really hypothetical: this has already happened, many times: Illegal alien parents who produced kids in the U.S., get busted and deported. What happens to their U.S. citizen kids? Especially young kids, barely past toddler stage?

An adult man crosses the border illegally, and lives here. He marries someone, say another illegal alien. They have kids here. The kids are U.S. citizens under the current interpretation of the 14th amendment, since they were born on U.S. soil.

Then the man (and maybe his wife) get busted by ICE, proven to be illegal aliens (which they in fact are), and get listed for deportation.

What happens to the kids?

The kids are U.S. citizens, no doubt about it. ICE has no grounds whatever for deporting them. But the parents are unquestionable illegal aliens, and the law is clear, the parents must be deported. Must the family be broken up? Who says so?

I've hear some people protest that it's inhuman for ICE to separate the kids (who are, say, 3 and 4 years old by now) from their parents. But is it ICE who is actually doing that?

This man knew before he ever came here, that he was breaking U.S. law, and was subject to deportation if caught. And his wife, if she is also an illegal alien, knew the same about herself. And when they were making kids here on U.S. soil and delivering them, they knew the same was still true.

It's not ICE who is planning to split up this family. It is the man and his wife, knowing that he and she might be booted out at any time for breaking U.S. immigration law, and that any kids they produced while living illegally in America, would be citizens NOT subject to deporation. They knew all these things going in. And one must assume they planned for them. (If they didn't plan, whose fault is that?)

So, what did this man and his wife plan would happen to their U.S. kids if and when they (the parents) got busted and deported? What plans did they make about what should happen to the kids? The kids are 3 and 4 years old now. They are U.S. citizens and have the legal right to stay in this country. Of course, they can't stay alone in the house their parents were just deported out of, if there are no other responsible adults around - the kids are just 3 and 4 years old. Of course,the kids also have the legal right to go with their parents back to the parents' home country.

The parents knew going in, that their own deportation was possible and legal... and even just. WHAT DID THEY PLAN FOR THEIR KIDS if that were to happen to them?

Did they plan that those kids would come back to the parents' home country with them? Or did they plan that the kids would stay with other (legal) family, however distantly related, in the U.S.? Or...? What DID these parents plan, for the time when the parents got busted?

Where does anyone get the idea that the government is responsible for the kids?

The parents are responsible for their kids. What have they planned?
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Old 02-11-2013, 04:53 PM
 
3,697 posts, read 5,001,481 times
Reputation: 2075
Quote:
Originally Posted by Little-Acorn View Post
Sort of a hypothetical question. Except it's not really hypothetical: this has already happened, many times: Illegal alien parents who produced kids in the U.S., get busted and deported. What happens to their U.S. citizen kids? Especially young kids, barely past toddler stage?

An adult man crosses the border illegally, and lives here. He marries someone, say another illegal alien. They have kids here. The kids are U.S. citizens under the current interpretation of the 14th amendment, since they were born on U.S. soil.

Then the man (and maybe his wife) get busted by ICE, proven to be illegal aliens (which they in fact are), and get listed for deportation.

What happens to the kids?

The kids are U.S. citizens, no doubt about it. ICE has no grounds whatever for deporting them. But the parents are unquestionable illegal aliens, and the law is clear, the parents must be deported. Must the family be broken up? Who says so?

I've hear some people protest that it's inhuman for ICE to separate the kids (who are, say, 3 and 4 years old by now) from their parents. But is it ICE who is actually doing that?

This man knew before he ever came here, that he was breaking U.S. law, and was subject to deportation if caught. And his wife, if she is also an illegal alien, knew the same about herself. And when they were making kids here on U.S. soil and delivering them, they knew the same was still true.

It's not ICE who is planning to split up this family. It is the man and his wife, knowing that he and she might be booted out at any time for breaking U.S. immigration law, and that any kids they produced while living illegally in America, would be citizens NOT subject to deporation. They knew all these things going in. And one must assume they planned for them. (If they didn't plan, whose fault is that?)

So, what did this man and his wife plan would happen to their U.S. kids if and when they (the parents) got busted and deported? What plans did they make about what should happen to the kids? The kids are 3 and 4 years old now. They are U.S. citizens and have the legal right to stay in this country. Of course, they can't stay alone in the house their parents were just deported out of, if there are no other responsible adults around - the kids are just 3 and 4 years old. Of course,the kids also have the legal right to go with their parents back to the parents' home country.

The parents knew going in, that their own deportation was possible and legal... and even just. WHAT DID THEY PLAN FOR THEIR KIDS if that were to happen to them?

Did they plan that those kids would come back to the parents' home country with them? Or did they plan that the kids would stay with other (legal) family, however distantly related, in the U.S.? Or...? What DID these parents plan, for the time when the parents got busted?

Where does anyone get the idea that the government is responsible for the kids?

The parents are responsible for their kids. What have they planned?

Ah the kid is a US citizen but the parents get deported end of story. The US citizen could return to the US as an adult(and even become the President of the United States....) or be raised by a relative or other person who is a U.S. Citizen. Anyway legal or not the Government does provide some services because it is in our best intrests to do so(i.e. Education and Health care)...i.e. last thing we need is for the kid to be unable to read and an adult cause enforcement took too long to get the parents.
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Old 02-11-2013, 04:54 PM
 
Location: Great State of Texas
86,052 posts, read 84,519,997 times
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Kids go with them. Just like diplomats that might have their kids here. They go HOME with their parents.
Let them come back when they reach 18 and are legal adults if they want.
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Old 02-11-2013, 05:13 PM
 
Location: San Diego, CA
10,581 posts, read 9,788,452 times
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Quote:
Originally Posted by HappyTexan View Post
Kids go with them. Just like diplomats that might have their kids here. They go HOME with their parents.
Let them come back when they reach 18 and are legal adults if they want.
Does the law require that?

BTW, what if the illegal alien has an adult brother who is a legal U.S. citizen, living in the states? Could that brother and his wife take the kids in?

But my whole point here is, shouldn't it be UP TO THE PARENTS what happens to their own kids? Within the bounds of the law, of course... and the parents knew what those bounds were, before they ever produced any kids.

Some might say it was pretty bad planning on the parents' part, to bring kids into a situation like that. But they did it, later they got caught, and now they're sitting in an ICE cell as the law requires (and has always required), waiting for deportation.

Well, parents, your kids are (and always have been) YOUR responsibility. What do you plan to have happen to them, now that you're busted? If you hadn't made any plans... hadn't you better make some in a big hurry, now?

And whose fault is it that you're now in a big hurry? Again, you knew all the laws about this, going in.
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Old 02-11-2013, 05:18 PM
 
3,697 posts, read 5,001,481 times
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Quote:
Originally Posted by Little-Acorn View Post
Does the law require that?

BTW, what if the illegal alien has an adult brother who is a legal U.S. citizen, living in the states? Could that brother and his wife take the kids in?

But my whole point here is, shouldn't it be UP TO THE PARENTS what happens to their own kids? Within the bounds of the law, of course... and the parents knew what those bounds were, before they ever produced any kids.

Some might say it was pretty bad planning on the parents' part, to bring kids into a situation like that. But they did it, later they got caught, and now they're sitting in an ICE cell as the law requires (and has always required), waiting for deportation.

Well, parents, your kids are (and always have been) YOUR responsibility. What do you plan to have happen to them, now that you're busted? If you hadn't made any plans... hadn't you better make some in a big hurry, now?

And whose fault is it that you're now in a big hurry? Again, you knew all the laws about this, going in.
Yes, the child could also be put up for adoption and be raised here it is just that the Parents must go. As a U.S. Citizen they could sponcer other relatives to come to the US once they reach adulthood.

It is the parent's Choice raise the Child back home or leave the Child with a U.S. Citizen(or atleast someone who is here legally as you don't need to be a U.S. Citzen to work here legaly).
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Old 02-11-2013, 06:12 PM
 
Location: San Diego, CA
10,581 posts, read 9,788,452 times
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Quote:
Originally Posted by chirack View Post
Yes, the child could also be put up for adoption and be raised here
That's the kind of "breaking up the family" I was trying to avoid. But, if it is what the childrens' illegal-alien parents planned, than that is what should be done. It is the PARENTS' responsibility to decide what happens to their kids... whether they have planned for that responsibility in advance, or not.

Quote:
It is the parent's Choice raise the Child back home or leave the Child with a U.S. Citizen(or atleast someone who is here legally as you don't need to be a U.S. Citzen to work here legaly).
I agree.
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Old 02-11-2013, 06:16 PM
 
20,948 posts, read 19,060,276 times
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Does a judge let you off the hook for a crime because of what will happen to your kids?
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Old 02-11-2013, 06:23 PM
 
Location: San Diego, CA
10,581 posts, read 9,788,452 times
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If my wife and I rob a bank, and we get caught, tried, and sentenced to two years in the slammer... will the judge let US off because our kids will be left alone while their parents are (justly) in jail?
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Old 02-11-2013, 06:27 PM
 
1,519 posts, read 1,228,286 times
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This really doesn't strike me as controversial.

US citizens can not be deported. Illegal aliens can - whether they have kids, a house, own a company, have US citizen relatives,or have pets.

Minors are under the direct control of their legal guardians or parents. When the parents leave the country, it is their right to take their children with them, even if the parents are non-US citizen while the children are US citizens. There is nothing unusual about parents taking their US citizen children to foreign lands - often against the will of the children. Such is life as a kid - your parents make the rules. Even if you don't want to leave your friends, your school, or don't speak the native language of your parents.

The parents could also have a legal party in the US raise their US children but would, ideally, have to bestow them with legal guardianship if this is to be a permanent situation. I have no idea why any parent would opt for this solution, but then again, there are certain nations out there where you simply would not feel safe for your children.

If the kids were to go with the parents, they will retain US citizenship and can come back any time.

To the best of my knowledge, most nations bestow citizenship through the parent's citizenship while some, like the US and Costa Rica, also bestow citizenship through place of birth. That is, the child of an illegal immigrant to the US is entitled to the citizenship(s) of his/her parents, thereby making it legal of the US citizen child to remain in the native country of his/her parents after the respective citizenship is obtained.

So, I wonder why this would be controversial?
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Old 02-11-2013, 06:38 PM
 
Location: San Antonio Texas
11,431 posts, read 19,007,279 times
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Quote:
Originally Posted by Little-Acorn View Post
If my wife and I rob a bank, and we get caught, tried, and sentenced to two years in the slammer... will the judge let US off because our kids will be left alone while their parents are (justly) in jail?
in my experience with working with the poor, it is my belief that government treats the "downtrodden" with kid gloves and throws a bunch of carrots at them in hope that they will eat them. This comes in the form of radio ads, mailings, army of social workers, VITA tax preparers helping them at every turn to apply for the myriad of FREE programs that they qualify for. It is the SAME attitude that they apply to the illegals. They are poor, so we MUST take care of them, poor things. As for us middle class folk, we are able to produce for ourselves so gov't could care less about our well-being. You live in southern Calif. Much of America has not been exposed to the massive illegal immigration that has swamped that state and helped to ruin it. They really don't get it for the most part.
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