The children of undocumented or unauthorized (often called "illegal") immigrants in the United States typically had no say in their parents' decision to move there. Nevertheless, they must contend with the consequences. Some of them might have crossed the U.S. border unlawfully, others arrived on a temporary (nonimmigrant) visa or other form of documentation than overstayed the allowed time period, and others were actually born here.
If foreign-born children in the United States are themselves undocumented, then obtaining immigration status can depend on their parents' ability to obtain lawful status. Even if they grow up and create connections to the United States through job offers, marriage, children, and so on, their history of unlawful stay in the U.S. could create significant procedural impediments to becoming legal.
The DACA Program and Undocumented Children
The Deferred Action for Childhood Arrivals or "DACA" program, instituted by President Obama, gave some undocumented children an opportunity to obtain a quasi-legal right to remain in the United States, at least temporarily.
President Trump, however, attempted a phaseout of that program in his first term. The Biden Administration attempted to restore it, but was largely blocked by a federal court decision. And now that Trump is in a second term, people who already have DACA can continue to renew it and hold work permits, but will not likely be granted any additional opportunities. Anyone potentially interested in DACA should consult an experienced immigration attorney.
Immigration Enforcement Against Children
Immigrants who are in the United States unlawfully are subject to deportation or removal if they're caught by immigration authorities or, in some states, by other law enforcement agents.
Such deportations should not, in most cases, happen without the child and/or other family members first having a chance to defend themselves in immigration court. In court, they could assert defenses, such as a claim for asylum, or a right to green card eligibility through a close family member who already has U.S. immigration status or as "special immigrant juveniles."
The most important exception to one's right to a court hearing is called "expedited removal." It means a non-citizen who is apprehended attempting to enter the United States can be sent back without seeing an immigration judge. Expedited removal is used only against “arriving aliens” who were found less than 100 miles from the border from either Mexico or Canada and who had illegally entered within 14 days or less.
Birthright Citizenship in the United States
Children of undocumented immigrants who are born in the United States currently obtain what's called "birthright citizenship." It is conferred automatically, by virtue of being born on U.S. soil. This right comes from the Fourteenth Amendment to the U.S. Constitution.
Over the years, some have argued that the amendment is being abused, citing instances where wealthy foreign nationals have come to the U.S. for a brief "vacation" and stayed just long enough to give birth to a child. They also mentioned the millions of immigrants who enter the United States without permission and have children. The amendment, they claim, is intended to guarantee equal treatment and citizenship to post-civil war slaves, but was never meant to guarantee citizenship to anyone and everyone born on U.S. soil.
In 2025, Donald Trump attempted to overturn birthright citizenship by executive order (EO), which sought to deny citizenship to children born not only to undocumented parents, but to anyone with one parent who is either undocumented or is in the U.S. on a temporary visa or stay. The matter quickly got mired in litigation. The final determination on this will be made by the U.S. Supreme Court, which heard oral arguments in April of 2026. Experts worry that if the high Court upholds the Trump order, the United States could end up with a confusing patchwork of legal results, with birthright citizenship fully operative in some states but not in others.
Undocumented Children's Right to Attend U.S. Public Schools
Under a U.S. Supreme Court case called Plyler v. Doe (457 U.S. 202 (1982)), undocumented children have the same right to attend U.S. public primary and secondary schools as do U.S. citizens and lawful permanent residents. In fact, they (along with all children) may be obligated by the law of the state in which they live to attend school.
U.S. public schools are not supposed to create barriers to undocumented students enrolling, inquire about or require students or parents to disclose or document their immigration status, attempt to enforce U.S. immigration laws, or require Security numbers (but should instead assign separate numbers to students). Undocumented children in financial need can also join free lunch and breakfast programs.
When and Whether Children Born in the U.S. Can Petition for Undocumented Parents
Although many people assume that having a child in the United States allows the parents to obtain lawful immigration status here, that is not necessarily the case. Even if the child is born a citizen (as they will be unless Trump's executive order is allowed to stand), U.S. immigration law allows a U.S. citizen to petition for parents only upon turning 21. What's more, in order to get through the financial-sponsorship aspects of the petition process, that child will need to be living in the United States and earning a high enough income to support the parents as well as any other household members.
An additional barrier arises in cases where the parents entered the United States unlawfully (without a visa or other permission) and have been living unlawfully in the United States while waiting for their child to turn 21. They are deemed "inadmissible" based on the length of their unlawful presence, and will likely have to remain outside the U.S. for 10 years before applying for a green card with which to return. A waiver of unlawful presence is available in some cases, but will likely require a lawyer's help to obtain.
Questions for Your Attorney
- When can a police officer or law enforcement officer ask for identification or immigration papers?
- How do we prove our child was born in the U.S. when we gave birth outside a hospital and did not obtain a birth certificate?
- We have a U.S. citizen child: What are our U.S. immigration prospects?
- Our school asked our child for a Social Security Number, but she is undocumented. What do we do?
- Do we qualify for a waiver of our unlawful presence in the U.S. so that we can apply to adjust status through our U.S. citizen child?