Abstract
Problems arise when illegal immigrants have children while in the United States. Since these children become citizens by virtue of birthright citizenship, this creates a dilemma. This article focuses on the rights of the citizen child when the illegal immigrant parent is deported, also known as constructive deportation. The statistics show that a large number of families are affected by this situation. Yet, the courts do not see this as a problem and force the families to make the hard choices between leaving the child in the United States or denying the child the benefits of its citizenship and taking the child with them. Courts overall do not recognize constructive deportation. The author will analyze why not recognizing constructive deportation is discriminatory and incorrect. Also, the author will propose some changes that can be made to deal with the concerns of constructive deportation while allowing the citizens to remain in the country.
Recommended Citation
Jessie M. Mahr,
Protecting Our Vulnerable Citizens: Birthright Citizenship and the Call for Recognition of Constructive Deportation,
32
S. Ill. U. L.J.
723
(2008).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol32/iss3/15