- Parental rights can not be dismissed based upon citizenship.american flag and jeans image by Chad McDermott from Fotolia.com
Laws regarding divorce, child custody and child support are issues of state law. Because immigration law is federal law and child support falls under state law, it is possible to award custody of a child to someone who is not a legal resident . - Though a parent cannot be refused custody due to immigration status, this does not mean the parent cannot be deported. The child may be a United States citizen but the parent in question can opt to bring the child back with them if the parent is deported. This is not considered deportation in the case of the child, but something the parent voluntarily enacts.
- The wording of a law indicates to whom that law specifically applies.gavel image by Cora Reed from Fotolia.com
The best way to determine if a law applies to illegal and legal residents alike is the wording. Where a law indicates the word "citizens," this right is guaranteed only to citizens. However, where a resident is indicated by the word "persons," that law applies to all persons found in that jurisdiction, whether legal citizens, permanent residents or illegal immigrants.
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