If the illegal immigrants have legal family or friends living in the States, they could assume custody of the children, but this option is not available to all the children. Furthermore, if the children are shipped back to their country of origin, but their parents face legal charges in the States, who takes responsibility for those children in the country of origin? These questions represent many of the challenges which face the children of illegal immigrants.
In order to encourage a more legal approach to gaining American citizenship by offering meaningful incentives and to not punish the children for the actions of their parents, the federal government developed the bipartisan legislation known as the Development, Relief, and Education for Alien Minors (DREAM) Act of 2010 (Mahoney). First developed in 2001, it took several years and several changes before it took its current form. The Act failed to pass in former versions, though several states have enacted the Act (American Immigration Council). President Obama added the Deferred Action for Childhood Arrivals (DACA) in order to help protect childhood arrivals to the country (in other words, the children of illegal immigrants); this document gives prosecutorial discretion to arresting authorities in how to handle children of illegal immigrants caught in this country (American Immigration Council). However, it should be stated that even under the DREAM Act, which is supposed to make it easier to obtain citizenship, individuals still face a “rigorous process” in order to “earn permanent immigration status” (Miranda 2010).