Children born in Texas become American citizens automatically, but this does not change the immigration statuses of their parents. President Trump vowed to stiffen border protections and take action against illegal aliens during a contentious election campaign, and this has prompted undocumented workers in immigrant communities across the country to put contingency child custody provisions into place for their American citizen children should they be deported.
Some immigrant parents are seeking temporary physical custody arrangements for children born outside the United States, but many others are looking for more permanent solutions. These parents are willing to endure long periods away from their children in order to protect them from violence and political uncertainty in their homelands. However, it is sometimes extremely difficult for immigrant parents to put effective child custody provisions into place.
Undocumented parents who would like their American-born children to continue to live in the United States must find a responsible and capable individual who is willing to accept them. This generally means turning to a close family member or trusted friend, but these individuals may be unable to accept children because they are facing immigration problems of their own. Undocumented workers may also have little in the way of financial and legal resources to call on.
Attorneys understand that time is usually pressing when immigration proceedings have begun, and they may urge undocumented workers to consider putting child custody arrangements into place for their American-born children as a precautionary measure. Counsel may explain how child custody arrangements are sometimes modified, and they could outline the steps that must be followed to obtain such a modification.