Information for Detained Immigrants: Deportation Defenses

This article by Estrella del Paso explains deportation defenses, providing general information to help you figure out if you qualify for relief from deportation.

Composed by Estrella del Paso • Composed by Estrella del Paso • Last Legal Review on January 16, 2026 • Last Edited on August 16, 2025

What is "relief"?

Relief is the term used to describe an immigration benefit. To figure out if you qualify, look at the requirements for each benefit. Usually, you must meet all the requirements. This means that even if you meet four out of five requirements, you still might not get the benefit. Being granted a benefit generally means you can stay in the United States, but there are exceptions.

To seek relief, you generally apply to the immigration judge, who will set an individual hearing to decide your case. This article provides an overview of some of the most common forms of relief.

Can a U.S. citizen be deported?

Being a United States citizen is the ultimate defense to deportation because U.S. immigration laws clearly state that citizens cannot be deported.

If you are facing deportation, there are two main ways you might become a U.S. citizen:

(1) Birth in the U.S. (commonly known as birthright citizenship)

(2) Through a parent or grandparent who is a U.S. citizen (acquired citizenship and derived citizenship).

If you believe that you might be a U.S. citizen and are in the middle of deportation (removal) proceedings, talk to an immigration lawyer or accredited representative for help as soon as possible.

There are other ways to become a U.S. citizen, but birthright, acquired, and derived citizenship may be the most useful avenues for you if you are facing removal. Read Citizenship: Answers to Common Questions.

What is "acquired U.S. citizenship"?

Acquired U.S. citizenship arises when one of your parents is a U.S. citizen, either by birth or naturalization. They pass their citizenship on to you. To “acquire” U.S. citizenship, your parent must have been a U.S. citizen before you were born. It may be possible for your parents to acquire U.S. citizenship from their parents (your grandparents), and then for you to acquire U.S. citizenship from your parents.

To prove that you acquired U.S. citizenship, you must show (among other things) that your U.S. citizen parent lived in the U.S. before you were born for the required number of years. The exact requirements, including the number of years that your parent must have resided in the U.S., depend on your birth year.

If you are in removal proceedings—but think you might be a U.S. citizen—hire a lawyer or accredited representative to represent you.

What is "derived U.S. citizenship"?

Derived U.S. citizenship arises when:

(1) You become a lawful permanent resident before you turn 18, and

(2) One of your parents becomes a U.S. citizen through naturalization before you turn 18. Depending on your birth year, the law may require that both of your parents were naturalized before you turned 18.

Like acquired citizenship, your birth year determines the requirements, which can be complicated.

Sources

Information for Detained Immigrants: Deportation Defenses, TexasLawHelp.org, archived by the Internet Archive's Wayback Machine, June 30, 2026.