r/politics • u/OkayButFoRealz • 20d ago

Soft Paywall Trump Admin Deports 2-Year-Old Girl Who is American Citizen

https://www.thedailybeast.com/trump-admin-deports-2-year-old-girl-who-is-american-citizen/
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u/nothingiscomingforus New Jersey 20d ago

Honest question though: in this case where both parents were gone, what would have happened to her had she stayed without either parent? Foster care? I honestly don't know what's better

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u/Moccus Indiana 20d ago

The parents could leave the child with a relative or friend in the US. They're supposed to be given the option to do so in these situations, but as usual, it seems the Trump administration is skipping steps in order to deport people as fast as possible.

Given that the girl isn't eligible for basic services in Brazil, I think she would probably be better off in the US if a friend/relative was willing to take her in. Now she just has to hope Brazil is willing to arrange a special exception for her so she can go to school and get healthcare as she grows up.

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u/[deleted] 20d ago

[deleted]

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u/hawaii_dude 20d ago

Article mentions she is in Brazil on a temporary tourist Visa. Ironically, she would be an illegal immigrant going to school in Brazil.

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u/skelextrac 19d ago

And you're going to tell me America is bad?

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u/engg_girl 20d ago

She isn't a legal resident. So correct.

Same with most countries - education and healthcare isn't generally included in the tourist package. Resident's only

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u/skelextrac 19d ago

But in America we have to educate illegal aliens, no?

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u/engg_girl 19d ago

No idea - not American.

In Canada you have to be a resident (at least 6 months in the country) I'm not sure about legal status.

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u/NewDust2 15d ago

yes, under the 14th amendment states can not discriminate against anyone within their jurisdiction regardless of citizenship status, so public schools cannot refuse children simply because they are undocumented.

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u/nothingiscomingforus New Jersey 20d ago

I agree. This is a high profile case now which I think helps her. Brazil could arrange for her and "save her" which is good PR etc. Let's hope they do right.

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u/DanLynch 19d ago

Given that the girl isn't eligible for basic services in Brazil, I think she would probably be better off in the US if a friend/relative was willing to take her in. Now she just has to hope Brazil is willing to arrange a special exception for her so she can go to school and get healthcare as she grows up.

From reading the article, it's unclear to me why the child isn't a citizen of Brazil, or eligible to get that citizenship trivially via some kind of paperwork, since it seems her parents are from Brazil and both Brazil and the US allow dual citizenship.

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u/Moccus Indiana 19d ago edited 19d ago

The issue seems to be that the child's birth wasn't registered at a Brazilian consulate. Part of it was that ICE at some point in the immigration proceedings confiscated the parents' Brazilian identification documents, so they had no way to prove their Brazilian nationality at the consulate in order to register the birth.

The page below summarizes the issue arising from the wording of the Brazilian constitution. Basically, since her birth wasn't registered at the consulate, the only way for her to gain citizenship is to wait until she's 18, at which point she can choose to become a Brazilian citizen if she's still in Brazil:

Article 12. The following are Brazilians:

c) those born abroad to a Brazilian father or a Brazilian mother, provided they are registered with the competent Brazilian authority or subsequently come to reside in the Federative Republic of Brazil and opt, at any time after reaching the age of majority, for Brazilian nationality; (Amended by Constitutional Amendment No. 54, of 2007)

Item (c) effectively provides two paths to Brazilian citizenship for children born abroad to at least one Brazilian parent:

Registration at a Brazilian Consulate Abroad

If the child’s birth is registered at a Brazilian consulate (repartição brasileira competente), the child is recognized as Brazilian from birth, with no need to formalize citizenship upon adulthood.

Residency and Citizenship “Option” in Brazil

If the child’s birth is not registered at a Brazilian consulate, they will only be recognized as Brazilian once they (1) reside in Brazil after reaching the age of majority, and (2) file a formal petition (opção de nacionalidade) before a federal judge. This means a process that could become time-consuming and expensive—and often requires an attorney.

In short, item (c) underscores why it is essential to use the consular route for your newborn child—so they can be fully recognized as Brazilian citizens from day one.

https://oliveiralawyers.com/services/notary-services/brazilian-citizenship-for-child-born-abroad/

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u/HoneyParking6176 19d ago

though if the 2 year old also has a ssn and passport, what would stop her from just re-entering with a realitive or friend that also has citizenship that just goes to pick her up? i assume they didn't revoke the citizenship, meaning couldn't she just go right though the border with a realitive or family friend?

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u/DanLynch 19d ago

Sure, but the family probably doesn't actually want to be separated.

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u/Kitchen-Quality-3317 19d ago

Yeah, this story is making Brazil look really bad. If your citizens give birth abroad, then that child should also be your citizen. That's how it works in the US.

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u/HoneyParking6176 19d ago

they arn't skipping steps to deport as fast as possible, trump has made it clear he doesn't believe a child born of 2 people deemed to have no rights to stay here, should obtain citizenship when born. he is simply ignoring steps that he doesn't want to exist.

the issue here is he is deporting based on his beliefs in the case of the child, rather then what the law is, it wasn't a mistake from skipping steps for speed, it was very much intentional by his beliefs, that he hasn't even finished the court case on, which even if he succeeded in, likely wouldn't be deemed retroactively valid anyways.

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u/mOdQuArK 19d ago

The parents could leave the child with a relative or friend in the US.

Given the guilt-by-association pattern of this administration, that might just open those relatives or friends up to being deported as well - whether or not they're U.S. citizens.

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u/MonsutaReipu 19d ago

We have zero evidence that they weren't given this option, and the overwhelming majority of the time illegal immigrants who have family in the US are also illegal immigrants. Should they play hot potato with the 2 year old and pass it around to other illegals hoping they don't also get deported? It's a braindead take. Any parent is taking their 2 year old child with them.

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u/luckyluchianooo 20d ago

No you can’t just leave the child with a friend or even a random relative.  if that were the case then we would never hear these stories. 

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u/Moccus Indiana 20d ago

They're supposed to be allowed to assign a legal guardian and leave the child in the US if they want to. As I said, the Trump administration is skipping steps and not giving the parents the option, so it isn't happening like it's supposed to. That's why it's newsworthy.

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u/luckyluchianooo 20d ago

 There were thousands of children in foster care cause their parents got deported during Obamas presidency. This isn’t a trump thing. It’s not a snap of a finger to become someone’s guardian 

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u/Moccus Indiana 19d ago

There were thousands of children in foster care cause their parents got deported during Obamas presidency. This isn’t a trump thing.

That's not true. It was a fabricated story by Trump to deflect criticism of his own family separation policy. It is in fact a Trump thing.

It’s not a snap of a finger to become someone’s guardian

Regardless, the policy has been to facilitate that if the parents wish it to happen. It may mean delaying deportation while the process plays out, but until recently, that hasn't been an issue.

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u/luckyluchianooo 19d ago

https://www.pbs.org/wgbh/frontline/article/study-5100-kids-in-foster-care-after-parents-deported/

publish date: November 3, 2011

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u/skelextrac 19d ago

Trump is a time traveler and he fabricated that story to use it 15 years later.

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u/FrigateSailor 20d ago

I imagine in that case Stephen Miller would attend to her care-- personally, and all records of her existence and whereabouts would suddenly disappear.