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Children of Illegal Immigrants?

If a child of an illegal immigrant was born in the U.S. and is over the age of 18, would they be deported to Mexico with their parents, or are they considered to be United States citizens?

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  • 1 decade ago
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    Birth within the United States

    Main article: Birthright citizenship in the United States of America

    Children born in the United States (including not only the 50 states and the District of Columbia, but also, in most cases, U.S. Territories, such as Puerto Rico, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the Panama Canal Zone before it was returned to Panama, in addition to many current states which were territories at the time of the birth of some individuals now living, e.g. Alaska and Hawaii), are U.S. citizens at birth (unless born to foreign diplomatic staff), regardless of the citizenship or nationality of the parents (see Jus soli). This has become controversial, as some non-resident parents, especially illegal aliens, enter the United States to give birth, so that their children, often called anchor babies, will be U.S. citizens. A birth certificate is considered evidence of citizenship.

    The U.S. citizenship status of children born in the United States to non-citizen parents has been generally accepted as settled law since 1898, when the Supreme Court held in U.S. v. Wong Kim Ark that almost all such children were entitled to citizenship by the Fourteenth Amendment to the Constitution. Although efforts have been made in Congress, from time to time, to overturn the Wong Kim Ark ruling or limit its effect, via either a new amendment to the Constitution or ordinary legislation, no such attempt has ever succeeded.

    Source(s): United States nationality law From Wikipedia, the free encyclopedia
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  • 1 decade ago

    Anyone born in America is an American citizen. Given the preference current law provides to immigrants with family in America, the parents would likely be able to return legally.

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  • Anonymous
    1 decade ago

    It depends if the children were born in the U.S. or not. If they were than they would automatically become a U.S. citizen. Meaning they wouldn't be deported to Mexico with their parents. If not than they might have to go with their parents. But I'm not so sure.

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  • 1 decade ago

    they are considered Us citizens. The child was born in the U.S and not in Mexico so imigration has no right to deport them to Mexico. although they can go with there parents if they want to but that doesnt mean there getting deported.

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  • Miss M
    Lv 4
    1 decade ago

    Anyone born on U.S. soil is an American citizen so they stay and won't get deported.

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  • Mr. G
    Lv 6
    1 decade ago

    This is one of the things that I feel should be changed about immigration to America. A child born in America is automatically an America citizen even if his/her parents are illegal immigrants. If the parents are discovered, they can fight deportation saying they have to stay in the country to care for their child. The child, being an American citizen by birth, can not be deported. A simple solution to this is to only grant automatic citizenship to children who are born to at least one American citizen. If a child of foriegners (illegal or legal) is born in America, that child should have the right to become an American citizen, but only through an application process.

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  • rmon
    Lv 6
    1 decade ago

    Anyone born on US soil is a US Citizen. And no, they won't be deported.

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  • 1 decade ago

    Because of the traitorous law that was passed in 1986 and 1996 that was supposed to "fix our broken immigration laws" and the illegal immigrant support lobby, children born to illegal immigrants on U.S. soil are automatically U.S. Citizens. This is extremely dangerous to the soverignty of the USA and is one of the biggest reasons that illegal immigrants are having children by the dozens. In 1986 we had 3 million illegal immigrants. Today we have between 12-20 million and most of them have children. It is a planned takeover of the USA and children born to illegal immigrants cannot be trusted to do what's right for the USA. They are, by their own admission, planning to take over the USA. We have attended their meetings in their "sanctuary cities and churches and we have reported the same to the authorities." However, when you have Governors, a President, Senators and Representatives ready to give our country to lawbreakers by failing to enforce our laws, what chance does a law-abiding citizen have? When they can reside in "Sanctuary Cities" under the protection of U.S. law without having to be subject to U.S. law, these sanctuary cities are effectively ceceding from the USA. We have long maintained that children born to illegal immigrants on U.S. soil are children born of an illegal act and as such they should not be citizens of the USA. They should have to undergo scrutiny when they attain the age of 18 and they should be charged with aiding and abetting their illegal parents. These children are often collecting aide to dependent children (because they are citizens without income) and are entitled to a free education and more than law-abiding taxpaying citizens are entitled to. This "No Child Left Behind Act" and Special healthcare for children is designed to ensure that the children born to illegal immigrants are taken care of by our tax dollars.

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  • Anonymous
    1 decade ago

    They are US citizens so they can't be deported no matter what the status of their parents

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  • 1 decade ago

    They are US Citizens. Even if they were underage they still wouldnt be deported.

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