“From the government’s case for denial of appeal
“As Judge Smith’s panel dissent emphasized, R.M.G. herself “was not arrested, detained, held in custody, or deported—she was with her father and with his consent.”
This is not the SC stating the child was not deported.
Judge Smith is a Justice of the Supreme Court?
The Justice Department is a part of the Supreme Court?
My rooster knows the denial of a writ does not necessarily mean the SC is in agreement with the decision of the lower court.
I didn’t read the case or anything but did the government appoint a lawyer for the poor little kid, and was there a case number and stuff with her name on it??? Because I have typed stuff for my BFF Fabia Sheen, Esq, a lawyer, and when a kid goes to court for anything, the kid has to have a lawyer if they can not afford one. Plus there is a separate case number thingy for each case which lists all the people in the case. Sooo this argument would be real easy to decide if there is a case number with her initials and a lawyer for her.
If they are not in agreement, why did they cite it as part of the argument?
Court after court has held that though the children are citizens, their status does not affect the deportation of the alien parent. Therefore, if the children are in custody of the parent, they go with the parent. If the parent makes other arrangements (as ydoucare has noted), the child may stay in the United States without the parent.
The courts have also held that the children themselves are not being deported, and may return to the US. And in fact, the two cases recently cited on this thread, of the infant and of the four year old, in both cases the child publicly and legally returned to the United States.
So, are you arguing that the children are not citizens? Since deportation only applies to aliens, you have two choices:
1. The children are not citizens and are deported as aliens
2. The children are citizens, but do not affect the status of the alien parent.
So which is it? DO you maintain that the children are illegal aliens themselves? Or do you believe that any citizen may be deported?