Immigration laws in the United States can help bring families together, but it can also tear families apart. This is a central issue in the modern era, as a new administration could take a decidedly different stance when it comes to immigration. Specifically, new rules could affect “mixed-status” families – and entire groups could be deported together. If your family faces this threat, it makes sense to familiarize yourself with the latest changes to immigration law in the United States. It may be easier to learn about these concepts alongside an experienced immigration lawyer in Texas. You might want to consider working with a lawyer who has direct experience with deportation defense, as these legal professionals can help you assess strategies to keep your entire family together in the United States.
What is a Mixed-Status Family?
A mixed-status family is one that contains two types of people — legal residents or citizens and undocumented migrants. According to the Center for Migration Studies of New York (CMSNY)), there are 4.7 million mixed-status families across the United States. However, this statistic might be a gross underestimation – and it is inherently difficult to obtain a correct number due to the nature of undocumented migrants.
Indeed, Every Texan states that there are 5.6 million families in Texas alone with at least one non-US citizen. This seems at odds with the number provided by the CMSNY, implying that the true number of mixed-status families in the United States could be far greater than anyone realizes. Whatever the case may be, it is safe to say that mixed-status families are quite common in Texas and across the nation.
Mixed-Status Families Could Be Deported Together
Mixed-status families should know that even prior to the recent US election, deportation was a looming threat. Statistics show that many undocumented family members avoid certain services, loans, and various government programs for fear of being exposed. Even for citizens or residents in mixed-status families, certain actions may inadvertently draw attention to their undocumented relatives. Statistics show that 25% of adults in mixed-status families avoided safety net programs in 2023 because of green card concerns.
A recent article also exposed the fact that many college students feared applying for financial aid, as they were concerned these applications would expose their undocumented parents. There are many other actions that could potentially expose undocumented relatives, leading to deportation concerns for the entire family.
These concerns have only become more intense after recent political changes in the US federal government. The new administration has vowed to carry out the largest deportation operation in American history, and various members of this administration have suggested deporting entire mixed-status families together.
When questioned about whether there’s a way to carry out mass deportations without separating families, former ICE Thomas Homan told 60 Minutes, “Of course there is. Families can be deported together.” Homan is the new “border czar” and will likely play a role in setting future policy decisions. This rhetoric suggests that mixed-status families may need to be particularly wary about deportation over the next few years.
A common scenario among mixed-status families involves parents who bring their children to the United States by unlawfully crossing the border. Other situations involve parents who cross unlawfully before having children in the United States. In both cases, the parents may remain undocumented, but their children may become US citizens by birthright. These individuals are sometimes referred to as “anchor babies,” and their right to citizenship is protected by the 14th Amendment.
These mixed-status families present a conundrum for immigration authorities, especially when the children are minors. It is both unethical and illegal to separate a parent from their child, and this has made it difficult for authorities to deport undocumented parents of anchor babies. However, the new administration seems to be suggesting that they would deport both the parents and the children together. It is unclear how they would actually achieve this, as the children are US citizens – and therefore immune from deportation.
What are Some Deportation Defense Strategies for Mixed-Status Families?
Although policies may shift over time, the same deportation defense strategies generally remain effective. It is always a good idea to establish good moral character when approaching these hearings. You might try to show that you have not committed any crimes while staying in the United States and that you contribute to your local community in some way.
Another obvious strategy is to show that your deportation would cause an exceptional hardship to a family member who is a US citizen. This could be a parent, a child, or anyone else who is dependent on you. It might even be a grandparent who you take care of. Immigration officials may be reluctant to deport you if your removal would make it impossible for a US citizen family member to survive. However, this strategy may be less effective in the modern era due to the current administration’s willingness to deport entire families together as one.
Another strategy may be to establish that if you were to return to your home nation, you would face persecution based on your minority status. This might include religion, political stance, race, or nationality. This is equivalent to pursuing asylum in the United States.
In some cases, it might make sense to voluntarily leave the country rather than be deported. This is equivalent to a “guilty plea” in court, and it may provide you with more lenient consequences. Perhaps most notably, you may be able to return to the country legally, see your family, and pursue immigration options. In contrast, forcible deportation may also ban you from re-entering the country for any reason.
Contact an Experienced Deportation Defense Lawyer in Dallas
While deportation is a daunting prospect for any family in the United States, it may be easier to stay in this nation than you realize. New threats and legal changes may arise, but the same deportation defense strategies can still help you remain in the nation. The most experienced deportation defense lawyers in Dallas stay up-to-date with the most recent legal changes, allowing you to react with effective strategies. Work alongside Hernandez Law Firm to review your legal options – and remain in the United States with confidence.