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U.S. CITIZEN CHILDREN OF NON-CITIZEN PARENTS SUE TO ENFORCE RIGHTS
Children in Utah, U.S. citizens by birth, whose parents are non-citizens, have sued the Federal government, alleging that the INS' deportation procedures do not protect their due process rights under the U.S. Constitution. The suit was initiated by America Forever, a Utah based immigrant advocacy group, because of their concern that when these children's non-citizen parents are deported, the children are forced to go with them.
The suit alleges that immigrant parents' rights to their children are severed, and that the families' rights under the Religious Freedom Restoration Act are being violated, and seeks a court order forbidding any future violations.
According to the suit, immigrant parents are encouraged to take their U.S. citizen children with them when they are deported, and are not told of the option of appointing a guardian for their children, which would allow them to stay in the U.S. and still be with a family. Nor are the children or parents told the steps the children must take if they wish to retain U.S. citizenship, nor are the children told how to obtain a U.S. passport. The suit further alleges that no provision is made for older children to seek emancipation so that they could stay in the U.S. as adults, and that the INS fails to tell the immigrants that their children are still available for federal aid for as long as they are in the U.S.