Can a Child Born in the US Be Deported?

No, a child born in the United States cannot be deported. US law grants automatic citizenship to nearly all individuals born on American soil, regardless of their parents’ immigration status. As US citizens, these children are fully protected under the Constitution and federal law, and immigration authorities have no legal basis to remove them from the country.

Understanding Birthright Citizenship

While many people understand that children born in the US are considered citizens, fewer realize how firmly this right is rooted in law and how it shapes family immigration cases. Birthright citizenship does not just protect the child; it can influence legal strategies, timelines, and outcomes for the entire family.

Citizenship from Birth Carries Full Legal Weight

US citizenship obtained at birth is indefeasible; it does not expire, require renewal, or depend on any action by the government or the individual. It is not conditional. Unlike other status forms (such as green cards or visas), it cannot be revoked simply because a parent is deported or the child later resides outside the US.

For legal purposes, a child with birthright citizenship has the same constitutional protections as any other American-born adult, including:

• Due process rights under the Fifth and Fourteenth Amendments
• Equal protection under the law
• Freedom from immigration detention or removal
• Eligibility for federal and state benefits
• Access to education, healthcare, and a US passport
• The right to live, work, and travel freely within and outside the US.

Who Is Subject to Deportation Under US Immigration Law?

Deportation (legally referred to as removal) is the process by which the government orders a non-citizen to leave the United States. Individuals who may be subject to removal include:

• Undocumented immigrants (those who entered without authorization or overstayed a visa)
• Lawful permanent residents (green card holders) with certain criminal convictions
• Visa holders who violate immigration terms
• Individuals whose asylum or immigration relief has been denied

US citizens are categorically excluded from deportation. Immigration judges have no jurisdiction over citizens, and any attempt to remove a US citizen, adult or child, would be unlawful.

How Does a Parent’s Immigration Status Affect a Citizen Child?

Many families across the US have a “mixed status,” meaning some members are citizens and others are not. A common scenario is where U.S.-born children live with one or more undocumented parents. Even though the child is safe from deportation, their life is still deeply affected if a parent is detained or removed.

In such cases:

• The child may remain in the US with another parent or legal guardian.
• The child may voluntarily accompany the deported parent abroad, but this is a private decision, not a legal requirement.
• The government cannot compel a US citizen child to leave the country or revoke their citizenship because of the parent’s immigration status.

That said, the removal of a parent can lead to emotional trauma, disruption of the child’s education, and potential custody complications. This underscores the importance of proactive legal planning with a knowledgeable deportation defense attorney—even when a child’s citizenship is secure—to safeguard long-term family stability and prevent avoidable disruption.

Can a US Citizen Child Provide Immigration Relief for Parents?

Eventually, yes, but not right away. A US citizen child can file a petition for a parent only after turning 21. This allows the child to sponsor a parent for lawful permanent residency (a green card), provided the parent qualifies.

Until then, other forms of relief may be available depending on the case. Our firm routinely helps parents of children with birthright citizenship explore:

• Cancellation of removal
• Asylum and humanitarian relief
• Deferred action or prosecutorial discretion
• Hardship waivers based on a child’s US citizenship

Even if your child cannot file a petition now, their citizenship can still play a key role in your defense.

Contact Odunlami Law For A Consultation

At Odunlami Law, we provide knowledgeable legal guidance tailored to the needs of mixed-status families. Our firm assists clients in understanding and utilizing all available legal options to protect their rights, maintain family integrity, and uphold the protections guaranteed to US citizen children under immigration law.

Schedule a confidential consultation to speak with a trusted immigration lawyer who can address your specific legal concerns, answer your deportation questions, and help you navigate the complexities of immigration proceedings.