Legal Question in Family Law in California

The short answer is yes they can be deported. Unfortunately this is the reality faced by many undocumented aliens. Even though they may have a child who is a U.S. citizen by virtue of being born in the U. S., there is no automatic protection extended to his or her parents. If they qualify for any sort of immigration relief, they must affirmatively apply for it. Without further information it is unknown whether the parents would qualify for any relief. If the parent or parents somehow find themselves in immigration proceedings a common form of relief requested is cancellation of removal but that has very specific requirements, the most notable being an extreme and unusual hardship to a U.S. citizen or lawful permanent resident. It is a very difficult burden of proof to meet. Economic hardships generally do not qualify as an extreme and unusual hardship to a U.S. citizen/LPR. The child would not be barred from returning to the U.S. when he or she is an adult and sponsoring the parents if they qualify and are not otherwise barred from returning.