Deporting Children of Parents Allowed to Stay

A parent’s worst fear is being separated from their children, and yet, time and time again, the American government is using loopholes in immigration law to keep parents here, while deporting their children. Less publicized than the immigration laws that allow children to remain in the United States while their parents are deported, this is an equally devastating issue.

On September 23rd, the Boston Globe’s Maria Sacchetti reported about one El Salvadorian family that is here under Temporary Protected Status, after the 2001 earthquakes in their native country. However, she reported, Carlos Ramos and Francisca Alvarado are facing their teenaged son’s deportation, because when he arrived in 2012, he was too late to apply for the same skilled labor grant that is allowing his parents to remain.

 An Unusual Decision, Under Boston Immigration Policy

Having already been separated for 11 years, by the tragedies that forced Carlos Sr. and Francisca out of El Salvador, they are loathe to be separated again, especially considering the gang violence that caused Carlos Jr. to flee El Salvador in 2012. After the family’s repeated attempts to be reunited legally, Carlos Jr. could no longer risk the violence, and felt he had no choice but to join his family in Massachusetts, even illegally. His 3 younger siblings, all born in America, are American citizens.

Through hard work, Carlos has earned high marks, and several academic awards, which he is planning on showing the judge at his deportation hearing, which is set to happen in Boston, next April. Planning to be an engineer, Carlos is hoping to remain in the US with his parents and siblings, to live to his potential. ‘I want a future. I want to study,’ said Carlos Jr., who turned 18 in September.

‘There’s no angle you could look at this situation from and have it make any sense,’ said Kira Gagarin, the family’s immigration lawyer. Referring to the 2011 ICE memo, authorizing the agency to give special consideration to minors, she says, ‘They’re not following their own policy. I just can’t see how this kid with no criminal record, who is a good student and a hard worker, who has all his family here, is a priority for deportation.’

 Boston Immigration Policy & Temporary Protected Status

The Temporary Protected Status allows adults to remain in the US, due to dangerous circumstances in their home countries. Natural disasters, such as the earthquakes that drove the Ramos family here, and wars, are common reasons for these immigrants to be granted the TPS order. Often, particularly for those in skilled labor trades, their TPS is renewed after 18 months. TPS does not allow immigrants to bring their children with them, which is why they were unable to bring Carlos Jr. here legally, and why Carlos Sr. only recently met his son.

The Ramos family’s case highlights a growing issue that is estimated to affect thousands of families across the US. If your family is facing a similar immigration and deportation crisis, contact a Boston immigration lawyer today.