Deportation and Family Separation: Legal Options to Keep Families Together

Deportation profoundly affects families; it can lead to emotional, financial, and psychological distress, especially when a family member is deported. 

Family separation can disrupt an entire family unit, creating a ripple effect of challenges for both the individual who’s been deported and those left behind. It is particularly hard on children, for whom the instability of losing a primary caregiver can lead to grief, confusion, anxiety, and depression. Making matters worse, the deported individual is often the primary breadwinner, leading to financial hardship, housing insecurity, challenges in accessing education, and social isolation for those left behind.

In today’s political climate, it is very difficult to know what legal remedies will help prevent family separation. Every situation is different and will depend on the specific circumstances. One of the primary ways to avoid deportation and family separation is through a process called cancellation of removal. This form of relief is discretionary and only available to those who meet strict eligibility criteria, including continuous residence in the U.S. for a specified period and evidence that their deportation would cause "exceptional and extremely unusual hardship" to a U.S. citizen or lawful permanent resident family member.

Seeking asylum is another option to avoid deportation and family separation. Asylum protects individuals facing persecution in their home country and lets them remain with their families in the U.S. Similarly, Temporary Protected Status (TPS) offers a temporary reprieve from deportation for people from designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions.

For some illegal immigrants to the United States, Deferred Action for Childhood Arrivals (DACA) is the best home. DACA provides temporary relief to certain undocumented individuals brought to the U.S. as children. It lets them remain with their families while pursuing education or employment, but the status of those on the DACA list is currently in question.

Family-based immigration petitions are another possibility that may allow U.S. citizens and lawful permanent residents to sponsor eligible relatives. Unfortunately, this process is complicated and can take a very long time, during which the risk of deportation remains very real.

There are legal remedies to avoid deportation, but they are increasingly difficult to access and need legal knowledge to navigate. For help, contact us today to set up a time to discuss your situation.