Lawyer Debunks the Myth of 'Anchor Baby': A Child Can't Prevent Mother's Deportation

Immigration attorney Willy Allen has definitively debunked a widespread misconception among Cuban immigrants in the United States: having a child who is a U.S. citizen does not shield a foreign mother from deportation.

This clarification was made during Allen's weekly program with Tania Costa on CiberCuba, where they discussed the case of a Cuban mother with an I-220A who was detained by ICE on June 26 in Portland, Texas, during a routine supervision appointment. The woman is the mother of a three-year-old U.S. citizen.

A viewer, identified as "Mandrake," inquired if the "authority" of the American child could be used to allow the mother to stay in the country. Allen's response was unequivocal: "No, because that's another falsehood. The anchor baby concept doesn't exist. When the child turns 21, they can assist the mother, but at this moment, a baby cannot help a foreign mother. The anchor baby is a myth."

The only actual benefit arises when the child reaches the age of 21, at which point they can file an I-130 petition for their parents as immediate relatives. With the child being only three years old, this legal pathway remains nearly two decades away.

The Roots and Realities of the Anchor Baby Myth

The anchor baby myth traces back to the 14th Amendment of the U.S. Constitution (1868), which grants automatic citizenship to anyone born on American soil, regardless of the immigration status of their parents. However, this citizenship does not provide any immediate immigration benefits to parents in irregular status.

In the same video segment, Allen addressed another viewer, Daisy Gavilán, who stated she lacked the funds to hire a lawyer, held an I-220A status, and was approaching her second court hearing. Her question was straightforward: could she face deportation?

"They can deport you," Allen confirmed without hesitation.

Nevertheless, the lawyer offered an alternative: if she requests voluntary departure from the judge in court, it would be a better option than formal deportation. "This is your decision," he emphasized.

Allen also clarified another common confusion among I-220A holders wishing to self-deport. He explained that they could request it from the judge upon entering the courtroom instead of risking forced deportation.

The Case of Tania Romero Naranjo: A Spotlight on Immigration Challenges

The discussion was sparked by the case of Tania Romero Naranjo, a 24-year-old Cuban from Isla de la Juventud, detained by ICE on June 26 during a routine appointment in Portland, Texas. Her three-year-old son remained in the care of his father, Javier Díaz.

Tania has been in the U.S. for about four years with the I-220A document, which ICE issued en masse to Cubans arriving between 2019 and 2023. It is estimated that between 400,000 and 500,000 Cubans are in this same situation: the I-220A is not equivalent to parole nor does it grant a definitive legal status, leaving its holders in a permanent immigration limbo with a real risk of deportation.

In September 2023, the Board of Immigration Appeals ruled that the I-220A is not parole, disqualifying its holders from applying for residency under the Cuban Adjustment Act. The 11th Circuit Court of Appeals in Atlanta held a hearing on the matter in December 2025, but as of this Monday, no definitive ruling has been issued.