One of the most devastating things that can happen to children is to be separated from their parents absent a showing of abuse or neglect – but that is exactly what our government has done. Most or all of the adult illegal aliens who crossed our borders knew or should have known that someday they may be discovered and made subject to deportation. I support that. Our 14th Amendment provides, in relevant part, “All persons born…in the United States…are citizens of the United States and of the state in which they reside.” I support that as well.
However, most states (including Texas and Montana) if not all states, have enacted statutory provisions for the termination of parental rights if a parent does not support his or her children for a 12-month period after being separated from them. Here is my proposal for dealing with the way dealing with illegal immigrants should impact children:
Once illegal immigrants are discovered, begin the deportation process. If they have children born in the U.S., first, give them the option of 1) either taking their U.Sborn children with them; or 2) allowing their U.S.-born children to be placed with a human services organization. Second, if they choose to leave their children behind, have the state enter an order requiring their parents to pay child support until the children reach the age of 18 years or become emancipated, and of course advising the parents of that obligation. And third, if parents with such a support obligation fall more than 12 months worth of support behind, terminate their parental rights and place the children for adoption.
This proposal would assist the government in dealing with the illegal immigration issue; it would take a step toward allowing the adults who created the children the opportunity to stay together; it would lessen the costs to taxpayers of maintaining the children who are left behind; it would not “abridge the privileges and immunities” of U.S.-born children; and it would set a very salient example to the world – specifically to “prospective future illegal immigrants.”
From a spiritual perspective, there is an important caveat, and I paraphrase: “…anyone who takes action that harms children would be better off by having a millstone hung around their neck and to be thrown into the sea…” Matthew 18:6, Mark 9:42, and Luke 17:2.
I sent my proposal to Washington, and I did receive a rubber-stamped form letter back, but I have not seen any action on this proposal. At least I know my first-class postage stamp did its work. If any of you readers have some political clout, and are concerned about this issue which greatly impacts children, I ask that you would be so kind as to contact your connections and ask that they consider implementing this proposal.
My family law practice over 34 years (in Montana) and my current service as San Marcos Teen Court Judge are both dedicated and geared toward minimizing the impact “…to all children everywhere, who have neither voice nor choice.” Thank you.
J.D. Elshoff has been the San Marcos Teen Court Judge for the past five years.
