Don't Deport Illegals with Legal Children?

IHT has an interesting article that addresses the idea of illegal immigrants to the US getting to stay if they have children that are US citizens. The article is specifically about a lawsuit to address this issue. This quote is about one of the legal children with an illegal parent who is in the lawsuit.
Teresa and her four siblings awoke in April 2006 to see her mother taken away by immigration agents. She dropped out of school to take care of her younger brother before returning to Mexico. In the U.S., where she lived for more than a decade, Teresa's mother earned enough to provide the basics for her children. In Mexico, she did not. Teresa again was forced to work and eventually returned to the U.S. to live with another family and catch up in school.

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"Viviendo en las Sombras"

Most of Sandigo's other work was ultimately legislative, not trial. Her previous deportation victory tied to a class action suit did not come via a win in court, but through the U.S. Congress. The same for temporary extensions and disaster-related visa status. These were not courtroom victories. While the same thing could happen in this case -pushing the case only to gain the necessary attention to change the law- it is far less likely here. The attention backfires in most cases, and makes even more people question the idea of “born on U.S. soils entails U.S. citizenship” model (a model enacted to protect the children of freed slaves, at a time when no one envisioned anchor-baby tourists nor illegal aliens). If Sandigo goes to court she needs to actually make a case for the idea that the children’s human rights are being violated by subjecting their parents to the U.S. immigration laws (in many cases other laws have been violated, too, though they do not want to use such cases as examples as they are less sympathetic to their goal) – laws the person knowingly violated. There might be other legal arguments that could be made, but apparently that is not what they have chosen to do. She has the case tied to their claim that separating the children and parents “violates the Universal Declaration of Human Rights”. Secondarily, it is claimed that by doing this they also violate the children’s constitutional rights. They have crying children in tow at every press conference, but that is not the same as having a decent legal argument (in 1999 they failed a very similar case involving Honduran children). Also, there is something “odd” about the arguments being made. On the one hand these same lawyers claim the U.S. should have an amnesty program since they will never be able to deport the countless undocumented people. Yet, when they want legislation enacted, their first claim is often, we must act now before countless families are separated. But, you can’t have it both ways (either the U.S. can or can’t deport countless people). The fallback claim is that it is or ought to be against the law to “make a child an orphan”. However, were that the only matter, then it would violate every kid’s right whenever a parent was sent to prison, and no one ever bothered making that legal argument in court because people do not gain additional legal protection of this sort based on parenthood. If the U.S. demanded that the child stay, or required the child to leave, Sandigo would obviously win in court. But that is not what is happening. For anyone interested, Sandigo is one of those featured in the Discovery Channel Documentary on illegal aliens in the U.S., “VIVIENDO EN LAS SOMBRAS”; the program covers much more than this topic, but she is interviewed in the program.

Illegal parents Legal children

Just goes to show that your actions affect others. I know the immigration game pretty well and a large majority of illegal aliens children are born on the Medicaid for emergency services. If the parent wants the child to go, then the child goes. If the only parent is being deported and they make the situation known, the child's transportation is paid for by Uncle Sam. Many parents leave the child with a friend or relative so it is easier for them to return(less baggage?).

the law probably needs changing.

It will take a change in the Constitution, but the current law granting citizenship to kids of illegals leaves the country wide open for abuse. Ship the parent home, they can decide what they want to do with the kids.

Until the US gets serious with employer sanctions, the family disasters--and family manipulation-- will continue to destroy the Nica family. Sadly, Esteli seems to be full of kids whose moms have run off to CR or whose dads have run off to the States, never to return.

¨¨patas de perro¨¨

Question

Question, are you guys replying to this post as proud US Citizenz living in the US or proud US Citizenz living in Nicaragua?

EMPLOYER SANCTIONS

Congressman Heath Shuler, NC, the former quarterback and Heisman runnerup has proposed a law that phases in a mandatory employer verification program. It would make a nice dent in the employment draw.

Sounds like you have a good understanding on the problem.

There seems to be a illegal migrant in most families in Mexico and central america. It is very difficult to raise a family divided! Even when the remittances make it possible for education and comida.

Something I have noticed in the last three or four years is that we are seeing more and more illegals who have attended college. Some of this is a result of generations coming illegal. The brain draining of these countries educated is sure to effect the economies.

Question

Question, are you guys replying to this post as proud US Citizenz living in the US or proud US Citizenz living in Nicaragua?