WASHINGTON - eTradeWire -- Parents of children born in the U.S. who themselves might be at some risk of being deported should plan ahead and document their instructions regarding what they want to happen to their children who are U.S. citizens by birth, or risk what just happened to some unfortunate couples, advises public interest law professor John Banzhaf.

On Tuesday, just as the result of a routine traffic stop, a mother and the 3 children, including 2 who were U.S. citizens, were immediately deported to Mexico.  According to a statement by public interest organizations, ""ICE was informed by the family and legal advocates that the [2] children were U.S. citizens and ICE knowingly deported them anyway in violation of their own policies and laws. ICE has no authority to detain or deport U.S. citizens regardless of the status of their parents."

Previously, when a mother illegally in the U.S. was unexpectedly detained, she had to decide very quickly to take her two young children with her back to Honduras, even though there may have been other better options.  She was permitted only a very brief telephone call with her husband, and none with her attorney.  Her 4-year-old son, who was actively receiving treatment for a rare form of cancer, was flown to Honduras without his medication.  When an attorney representing the father spoke with an ICE official, the official allegedly refused to honor a request to release the child to her custody, and said if the father came to help, he would also be taken into custody and presumably be deported also.

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With efforts to deport not only illegal aliens - but also many legal residents with green cards or with visas which are rapidly being revoked - the problem of what should be done with children born in the U.S., who as U.S. citizens cannot lawfully be deported, is going to arise again and again.

So the time for parents, who are themselves at risk of being involuntarily deported, to decide what to do with their citizen-children should be now  They should not wait for a very brief telephone conversation once a vulnerable parent has been unexpectedly detained and facing an immediate flight to a foreign country, says Banzhaf, who recommends a tactic which he perfected and which worked well in the past. . . .

Banzhaf has also suggested that legal clinics produce and distribute over the Internet an app to help foreign students understand and better protect their rights:
Here's How Universities Can And Should Protect Their Foreign Students * * * A Cell Phone App Is Much Better and Less Expensive Than "Know Your Rights" Cards (http://prsync.com/george-washington-university/heres-how-universities-can-and-should-protect-their-foreign-students----a-cell-phone-app-is-much-better-and-less-expensive-than--4670405/)

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http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf