{"id":352764,"date":"2025-01-31T11:44:07","date_gmt":"2025-01-31T16:44:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/deportation-removal\/can-children-stay-in-the-u-s-if-their-parents-are-deported.html"},"modified":"2026-03-05T11:52:00","modified_gmt":"2026-03-05T16:52:00","slug":"can-children-stay-in-the-u-s-if-their-parents-are-deported","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/deportation-removal\/can-children-stay-in-the-u-s-if-their-parents-are-deported.html","title":{"rendered":"Can Children Stay in the U.S. If Their Parents Are Deported?"},"content":{"rendered":"\n
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Can Children Stay in the U.S. If Their Parents Are Deported?<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

When a parent faces deportation, their U.S. citizen children retain citizenship under the 14th Amendment and can stay in the country. Parents must decide whether to take their children with them or arrange for them to stay with a legal guardian, who must be a U.S. citizen or legal resident, over 18, and capable of providing a stable environment. Different legal guardianship arrangements have pros and cons, crucial for ensuring the child’s welfare.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

When parents face deportation, one of the most pressing issues is what happens to their children. This article explores the various questions undocumented parents face in these challenging times.<\/p>\n

If you fear deportation and are unsure how to protect your children\u2019s future, you are not alone. A family law attorney<\/a> near you can support you through every step of the process, including helping you prepare guardianship plans.<\/p>\n

Deportation and U.S. Citizen Children<\/b><\/h2>\n

Between October 2020 and February 2026, U.S. Immigration and Customs Enforcement (ICE) deported more than 616,657 people<\/a>. While ICE does not consistently report how many deported individuals have U.S.\u2011citizen children, past data shows that a substantial share do. The American Immigration Council<\/a> reports that more than 16.7 million people in the United States live in households with at least one undocumented family member, including about 6 million children.<\/p>\n

This number is expected to rise as more undocumented family members face deportation.<\/p>\n

Legal Challenges to Birthright Citizenship<\/b><\/h2>\n

Children born in the United States are generally considered U.S. citizens. However, there are ongoing legal challenges<\/a> related to birthright citizenship<\/a>, particularly for children born to undocumented immigrants.<\/p>\n

President Donald Trump issued an Executive Order<\/a> on January 20, 2025, that attempts to end birthright citizenship for children whose parents are undocumented or not authorized to be in the country.<\/p>\n

However, a U.S. federal district court in Seattle temporarily blocked enforcement of the order. Senior U.S. District Judge John Coughenour issued a temporary restraining order<\/a>, calling the executive order \u201cblatantly unconstitutional.\u201d<\/p>\n

Multiple lawsuits filed by state governments and nonprofits against this policy will continue to make their way through the courts. Until then, the executive order ending birthright citizenship remains on hold. And children born in the U.S. will continue to have citizenship rights, regardless of their parents’ immigration status.<\/p>\n

The issue is now before the U.S. Supreme Court<\/a>, which is expected to decide the matter later in 2026.<\/p>\n

Below, we answer a few important questions related to U.S. citizen children whose parents could face deportation.<\/p>\n

Can U.S. citizen children stay in the country if their parents face deportation?<\/b><\/h2>\n

Yes. Under the 14th Amendment of the U.S. Constitution<\/a>, children who are born in the United States are citizens. This constitutional right remains valid despite the deportation of the undocumented parent.<\/p>\n

This constitutional law protects U.S. citizen children. But it poses a challenging situation for families facing deportation<\/a>. Parents must decide whether to take their children with them to their home country or arrange for them to stay in the United States with a legal guardian.<\/p>\n

Who can be the child’s legal guardian if they stay in the United States?<\/b><\/h2>\n

State laws primarily govern legal guardianship requirements. The specific requirements may vary in every state, but in general, legal guardians<\/a> should be:<\/p>\n